There is no limitation for filing petition to set aside ex parte order
ЁЯОУЁЯОУ2016 (6) CTC 209
Satbir Singh Bakshi vs. Saroja and ors.
Date of Judgment : 17.10.2016
Code of Civil Procedure, 1908(5 of 1908), Order 9, Rule 7 – Defendant set ex parte – Ex
parte Order – Limitation –
Application was filed to set aside ex parte Order at time of cross
examination of Plaintiff’s witness – Trial Court dismissed Application on ground of belatedness –
*There is no limitation for filing Petition to set aside ex parte Order* – Failure to adduce specific reason
for non-appearance and non-filing of Written Statement is not fatal – Court can condone absence of
party to advance cause of justice – Application can be entertained before pronouncement of Judgment
– Participation by Defendants in Trial proceedings cannot be denied even if he does not show any good
cause.ЁЯОУЁЯОУ
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