Whether a petition for commission application (local inspectioon) is maintainable when defendant is set exparte?
In the current scenario, defendant was set exparte and was decreed in favour of plaintiff. Plaintiffs without filing an EP started construction in the plaint scheduled property while an injunction is pending against the same in original suit. Mean while Defendant filed a petition for local inspection while remaining exparte and was allowed. Can that be challenged on the ground that defendant was exparte.
Is there any precedents prevailing in this matter.?
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