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Some examples of ex parte orders are orders that: Prevent the other party from taking a child out of the country or state. Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding.
Common methods to avoid being served Not answering the door. Lying about their identity. Hiding in the closet until the process server leaves. Staying at a family member or friend's home.
Remedies against ex-parte order: Application to set aside ex-parte decree (Order 9 Rule 13) Appeal against such decree [section 96 92)] Revision application u/s 115 where no appeal lies. Application for review under Order 47 rule 1. Filing a suit on ground of fraud.
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time. Check in at Window 1 in the filing room.
Substituted Service may be used if personal service has not been successful after several attempts to serve the person. For Substituted Service, copies of the papers are left at the place of residence (home), or normal place of business of the person to be served.