CPC Order 9, Rule 13 – Ex-parte decree passed – Party has two options:
a. The first is to file an appeal
b. The second is to file an application under Order IX Rule 13
Defendant can take recourse to both the proceedings simultaneously - The right of appeal is not taken away by filing an application under Order IX Rule 13 - But if the appeal is dismissed as a result of which the ex-parte decree merges with the order of the Appellate Court, a petition under Order IX Rule 13 would not be maintainable - When an application under Order IX Rule 13 is dismissed, the remedy of the defendant is under Order XLIII Rule 1 - However, once such an appeal is dismissed, the same contention cannot be raised in a first appeal under Section 96.
(2018-4)192 *PUNJAB LAW REPORTER* 71
EX PARTE ORDER – RIGHT TO PARTICIPATE
(2018-4) PUNJAB LAW REPORTER 320 (P&H)
CPC O. 9, R. 7 – Application for setting aside of ex parte order as also revision petition dismissed- Petitioner would still be entitled to participate in the proceedings from the stage at which the appearance was entered - He has the right to participate in the proceedings, to cross-examine and if necessary, to lead evidence in rebuttal.
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