Ex Parte Proceedings -- Non-Appearance on Adjourned Date -- Does not bar participation in subsequent proceedings
(i) Civil Procedure Code, 1908, O.9 R.7 -- Ex Parte Proceedings -- Non-Appearance on Adjourned Date -- A party who fails to appear on the date to which hearing of the suit is adjourned cannot be barred from participating in further proceedings merely because he did not appear on an earlier hearing. (ii) Civil Procedure Code, 1908, O.9 R.7 -- Ex Parte Proceedings -- Application Filed Promptly Within Limitation -- Where ex parte proceedings are initiated on the first date of non-appearance and the application under this provision is filed on the very next date, well within the prescribed period, the order initiating ex parte proceedings is liable to be set aside.
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