NPKailaasam (ADVOCATE & Management Consultant) 18 November 2014
Dear experts
an exparte order was passed in HMOP Petition for non appearence of respondent at first hearing and posted for exparte evidence after 90 days time at that second hearing date the respondent filing O9,R7,petition without filing limitation 5 petition ,is it correct.what is the time limit to file the setaside petition without condoning the delay petition,can the petitioner file counter to this O9,R7 petition.any citation in this matter......
T. Kalaiselvan, Advocate (Advocate) 18 November 2014
Since the evidence for exparte decree has not been deposed, the petition under Order 9 Rule 7 for setting aside the exparte can be filed without a petition under section 5 of limitation act for condoning delay, it is very much valid and legal.
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