Setting Aside Ex Parte Order -- Subsequent Non-Appearance After Filing Application -- Original ex parte order not displaced by trial court's misdescription of later order
(i) Civil Procedure Code, 1908, O.9 R.7 -- Setting Aside Ex Parte Order -- Subsequent Non-Appearance After Filing Application -- An application to set aside an ex parte order must be diligently pursued -- Where the applicant again fails to appear after filing such application and the trial court passes another ex parte order, the original ex parte order continues to stand -- A misdescription of the subsequent order as a fresh ex parte order by the trial court does not cure the lapses of the applicant. (ii) Civil Procedure Code, 1908, O.8 R.1 -- Written Statement -- Non-Filing on Ground of Pending Written Statements of Co-Defendants -- A defendant cannot indefinitely defer filing of a written statement on the ground that co-defendants have not yet filed theirs.
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