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    In a suit for recovery instituted by A against B, despite the summons of the suit having been duly served upon B, he did not appear on the date fixed
    Question

    In a suit for recovery instituted by A against B, despite the summons of the suit having been duly served upon B, he did not appear on the date fixed in the summons on 03.03.2015. The Court consequently on 03.03.2015 passed an ex-parte order against B and listed the case for 03.04.2015 for ex parte evidence of A.

    A.

    B can participate in further proceedings of the case.

    B.

    B can seek setting aside of the ex parte order if he is able to show good cause for his non-appearance.

    C.

    Both (1) and (2) are correct.

    D.

    Both (1) and (2) are incorrect.

    Correct option is C

    The correct answer is C
    Participation in Further Proceedings
    :

    Setting Aside the Ex-Parte Order:

      • As perOrder IX Rule 7 of the Civil Procedure Code (CPC), 1908, if the defendant (B) appears at any subsequent stage of the suit and shows good cause for his prior non-appearance, he can be allowed to participate in the further proceedings of the case. However, this will not affect the proceedings that have already taken place.
      • Under Order IX Rule 13 CPC, B can apply for the setting aside of the ex-parte decree by proving that he was prevented by a sufficient cause from appearing on the date fixed (03.03.2015). If the court is satisfied, the ex-parte decree/order may be set aside.

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