Delaying in judgement through order 9 rule 7 by defendant

Querist : Anonymous (Querist) 24 February 2021 This query is : Resolved
how to limit delay in proceeding if the opponent has taken an order from HC to pay certain amount to set aside the ex-parte decree but not paying the amount.
although he was in time to appeal against the ex-parte decree that is he applied within 30 days but not paid the aforesaid amount in the order from last two years.

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Quick Summary

This discussion addresses how to prevent a defendant from delaying legal proceedings, specifically when they have obtained an order under Order 9 Rule 7 of the CPC to set aside an ex-parte decree but have failed to pay the imposed costs for two years. While initially mistaken for Order 9 Rule 13, the focus is on Order 9 Rule 7. The consensus is that if the defendant hasn't paid the costs as ordered by the High Court, the case can proceed without further delay, as the cost order itself may not be directly executable in the same way as a decree.

Guest (Expert) 24 February 2021
Delay of Two years is Too Much. Discuss in detail with an Senior Advocate in very detail and he could decide what best to be done.

P. Venu (Expert) 24 February 2021
The facts, as posted, lack clarity.

J K Agrawal (Expert) 25 February 2021
File execution petition

Dr J C Vashista (Expert) 25 February 2021
Dear Mr. J K Agrawal ji,
Author has stated that HC has imposed cost on the defendant to allow application u/o IX Rule 7 CPC, which can not be executed.
Thanks and Regards

J K Agrawal (Expert) 25 February 2021
Thanks sir I was under impression of application under O9 r13 as ex-parte Decree word used by querist. It it is matter of O 9 R 7 then it is very simple, Just proceed further in case without waiting of deposit of cost.

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