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What is the Term applied when defendant neither files an answer nor appears for a hearing?
Wiki User
∙ 14y ago
When a defendant does not appear after being served with the summons issued by the court requiring his presence in any action, the Courts are empowered to set that particular defendant 'ex parte'. I am sure all the commonwealth countries use this term. not sure about the jurisprudence of other countries.
However, this is not a permanent order. An application can usually be filed within a certain period of limitation to set aside the order setting the defendant ex-parte. If the application if filed after the period of limiation (in India, it is 30 days) an application has to be filed with another application for condonation of delay.
Hope that helps you.
Wiki User
∙ 14y ago
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