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order 9 rule 13 petition filed by 3rd party maintainbility

(Querist) 06 November 2009 This query is : Resolved 
if, the 3rd party to the suit canfile order 9 rule 13 petitiion?
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Raj Kumar Makkad (Expert) 06 November 2009
No. Order 9 Rule 13 is applicable only in case wherein the defendant has been proceeded ex-parte and he moves an application to set aside it. No involvement of other than defendant under this section is permissible.
Adinath@Avinash Patil (Expert) 06 November 2009
NO,ONLY PARTIES TO THE SUIT CAN FILE APPLICATION FOR SETTING ASIDE EX-PARTE ORDER.
Sachin Bhatia (Expert) 06 November 2009
No the third party can not file this.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Expert) 07 November 2009
Raj Kumar Makkad is correctly said.
V.V.RAMDAS (Expert) 08 November 2009
I do agree with all the views of my friends.

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