Order 9 rule validity filed on day fixed for judgemnt


Defendent appeared regularly.  ws not filed ,exparte proceeds .plaintiff evidnce argumet completed.Sr Civil judge fixed date for judgment but on that day defendent filed Order 9 Rule 7 ( 151) application to recall exparte.

Is this maintenable.

Ground taken is that he was sick but his presence is in same court personally as well as counsel.Even defendent was present in superior court personally as well as through counsel.

Can plaintiff file 341 for false affidavit.along with reply to unlawfull application as defenden can recourse through Oder 9 rule 13after expatre decree

your advice and CITATIONs will be appreciated




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