Ex parte

anshul sangal (Querist) 23 May 2010 This query is : Resolved
When a defendant does not appear to the first hearing of the suit the order 9 rule 6(1)(a) apply. Which rule apply when defendant does not appear in subsequent hearing of suit?

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B K Raghavendra Rao (Expert) 23 May 2010
There can be only two possibility: (a) participation i.e. filing vakalat or appear in person or (b) non-participation i.e. not filing vakalat and not appearing in person at the first hearing. Non-participation is ex-parte.

After appearing, if the defendant do not appear, he will be doing so at his peril. The court would go with future steps in his absence.

Raj Kumar Makkad (Expert) 23 May 2010
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