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O.41 r.1

(Querist) 08 November 2016 This query is : Resolved 
Dear Experts,

The proceedings can be taken in concurrence under O.9 R.13 & S.96 to set aside exparte decree, as in case of concurrence filing of both if the application under O.9 R.13 is dismiss then to defendant can proceed with O.41 R.1. but same in not in case of vice versa

but the Legally can a appeal be filed challenging the original exparte decree under O.41 R.1 after dismal of application under O.9 R.13 or it must go under O.43
please do give more light on this.
adv.bharat @ PUNE (Expert) 08 November 2016
Sir will u share fact of case from law point of view to get proper answer for it.
R.K Nanda (Expert) 09 November 2016
state detailed facts of case.


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