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order 9 rule 13

(Querist) 20 July 2011 This query is : Resolved 
what is the remedy after rejection of application under order 9 rule 13
kaushal kishore sanadhaya (Expert) 20 July 2011
appeal.see sec.104 to 106 and order 43 of c.p.c.
prabhakar singh (Expert) 20 July 2011
Expert kaushak kishore sanadhaya is right
Chanchal Nag Chowdhury (Expert) 20 July 2011
The order is not appealable. The only remedy is Civil Revision u/s 115 CPC or an application under Article 227 before High Court.
prabhakar singh (Expert) 21 July 2011
DEAR MR.Chanchal Nag Chowdhury i think query
is that a suit has been decreed ex party and application to set aside the same has been rejected,see now provision

1. Appeals from orders

An appeal shall lie from the following orders under the provisions of section 104, namely:-
(d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte
2* * * * *

WHAT ELSE U NEED TO AGREE
G. ARAVINTHAN (Expert) 21 July 2011
if there is no delay, you have to file appeal against the order of rejection
Advocate Bhartesh goyal (Expert) 21 July 2011
Rejection order of application u/o 9 r 13 of C.P.C is appealable so appeal lies.


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