When ex parte in op can ia be restored

Ranganath (Querist) 27 February 2012 This query is : Resolved
Ld Counsels,

The court had set husband ex parte in the OP filed by wife but no ex party orders are passed. Husband filed IA to strike out pleadings which is also dismissed in default due to non-appearance.

Will Order 9 Rule 13 be applicable when the final hearing is over after setting husband ex parte, taking documentry evidence and the OP was adjourned for "perusal and orders". SC had held that if the proceedings are adjourned for orders the cause of action for order 9 rule 13 wont arise which will only arise after pronouncement of ex party judgment. Is this relevant in this cse.

Further there was a IA filed by husband pending in the same OP, which is also dismissed in default. In this case could the IA be restored and considered for final orders in OP even though husband is set ex parte in the main OP. Husband had also obtained a direction from HC to consider all points rised in the IA by husband during final disposal susequent to this direction the IA was dismissed in default.

Kindly clarify.

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Raj Kumar Makkad (Expert) 28 February 2012
If his IA has been rejected and he has been proceeded with ex-parte at this stage no question arises to hear his case and the case shall be decided accordingly.

adv. rajeev ( rajoo ) (Expert) 28 February 2012
IA is already dismissed for default, so question of hearing of opponent does not arise.

Khaleel Ahmed Mohammed (Expert) 28 February 2012
You can file a petition before the court to re hear the matter before the pronouncement of judgement, even the order has been reserved.