Application to set aside the exparte order passed in application under order 39 rule 1 and 2

ganesh (Querist) 22 January 2013 This query is : Resolved
in a suit the application under order 39 rule 1 and 2 was made absolute in the first hearing as the respondent didn't appear on the day. subsequently the application under order 9 rule 13 read with section 141 was filed to set aside the same. whether it is maintainable in law or not? or the respondent has only to prefer appeal?

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ajay sethi (Expert) 22 January 2013
you have to explain reasons as to why you could not appear in court on said date . the court after considering the reasons mentioned by you may set aside impugned order on certian terms

R.K Nanda (Expert) 22 January 2013
yes,maintainable.

Raj Kumar Makkad (Expert) 23 January 2013
Such application is duly maintainable as the provisions exist in civil Procedure code.

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