Sunday, 20 October 2019

Ex-Parte Decision can be set-aside without going into appeal

An ex-parte order can be set-aside by filing an application in the same court within one month of decision. A party is not required to go into appeal or revision of same order unless such remedy is provided in law as the only remedy.

When a decree is passed against several defendants and one of them is proceeded ex-parte, such defendant can also file an application under order IX rule 13 of Code of Civil Procedure for setting aside ex-parte decree against the said defendant.

Such person can also approach the appellate forum for appeal under section 96 of the CPC. In both cases, the time for challenging the said order or decree is only 30 days from the date of decision. For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880

Mubarat Deed can be made by one party

The Deed of Mubarat or Mubarat Deed can be drafted or prepared by one party and the other has to sign and endorse it. Mubarat Deed is made on a Stamp Paper which require endorsement by both parties at the time of execution. Since it is an agreement for mutual divorce, the stamp paper can be issued on the endorcement of either of the parties.

A Mubarat Deed has no legal value unless its executed by both the parties. Further its value is dependent upon the corroboration of both the parties at the time of recording of their respective statements. If any party denies execution of mubarat deed before the chairman arbitration/union council at the time of recording of statement, such Mubarat Deed may be of no avail at later stage.

For any queries you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880 

Contact International Lawyer

If you have any queries related with this post you can contact at internationallawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880