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sandeep (pvt service)     20 July 2016

125 exparte case - can order 9, rule 7 allow respondent

hi members.

in exparte proceedings in 125 case, can order 9 rule 7 of CPC allow the respondent to participate in exparte proceedings? i had missed dates in 125 case, and case was ordered to proceed exparte, however now have applied under order 9 rule 7 CPC to allow me to participate in proceedings. ..request you to please advise if this helps in exparte proceedings.



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 2 Replies

Laxmi Kant Joshi (Advocate )     20 July 2016

If you want to join the court proceedings then immediately engage a lawyer and file the application in the said court for your reply and request the court to condone you for your late .
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sandeep (pvt service)     21 July 2016

thank you laxmikant sir....actually case was intially proceeding exparte. which was set aside in first instance and bi parte order was given, however again my lawyer missed date due to which again case proceeded exparte. so now have appealed in high court. but case still proceeding in HC, so my lawyer says that we can use that order9 rule 7 to again participate in proceedings...just want to know if this is correct. thanks sir


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