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V.G.Rao Advocate (Advocate)     15 July 2014

Can lr's entitled to file petition under order ix r-13 c.p.c

Hi all,

One "A" field suit for recovery of money against "B", after receipt of summons  B not appeared before the court and he was set exparte, and the suit was decreed. Subsequently "A" filed Execution proceedings against the B.

when process server went to execute the warrant, he was informed that "B" was expired few month back.

Subsequently the Son of "B" filed a petition Under Order IX rule 13 of C.P.C to set a side the ex parte order passed against his father and also filed Order 1 rule 10 C.P.C to implead him as defendant No.2 in the main suit, alleging that Mr "A" by forging and fabricating his father's signature on pronote got foisted the false  case and further alleged that the non-appearance of his father before the Hon'ble court during his life time was due to hospitalization, as such he prays the court to set a side the ex parte decree  and to implead him as defendant No.2 in the suit.

Now my question is whether the said application filed by son of "B" to set a side the ex parte decree against his father U/O 9 r-13 maintainable, if yes provide me case law if not also provide me with a suitable case law.

thanking you.


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