Cpc
Daljit Singh Mann
(Querist) 15 February 2013
This query is : Resolved
'A' a State Government employee filed a civil suit against the State in which 'B' and 'C', both are defendants and received the summons. 'B' did not appear in the Court on first date and 'C' appeared on behalf of himself only. Court proceeded ex-parte 'B' on the said date. On next date 'C' want to file reply for himself and on behalf of 'B' also. Is it possible to file reply by 'C' along with application by 'B' under order 9 rule 7 ? If yes, please mention the relevant provision of cpc and concerned authority also.
Thanks and have a meaningful day.
prabhakar singh
(Expert) 15 February 2013
Without application to set aside the ex parte order by B along with vakalatnama ,no joint reply can be filed now by C.
R.K Nanda
(Expert) 15 February 2013
no more to add.
prabhakar singh
(Expert) 15 February 2013
And thank you Mr.Nadeem Qureshi !too.!
Devajyoti Barman
(Expert) 16 February 2013
No, both the parties need to apply for separate application for setting aside ex parte decree.
R.K Nanda
(Expert) 16 February 2013
ur welcome.
