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A defendant in an ordinary civil recovery suit was duly served but did not appear. The court ordered…

Order IX rule 7 permits a defendant who shows good cause to answer the suit as if present on the original date, subject to court terms. Even without that relief, the…

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A defendant in an ordinary civil recovery suit was duly served but did not appear. The court ordered that the suit proceed ex parte and adjourned it for evidence. Before that hearing is completed, the defendant appears. Consider: I. The defendant may participate prospectively from the stage reached. II. On showing good cause for the earlier absence, the defendant may be heard under Order IX rule 7 as if present on the original date, on the court’s terms. Which statement is correct?

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Answer and explanation

Correct answer C

Order IX rule 7 permits a defendant who shows good cause to answer the suit as if present on the original date, subject to court terms. Even without that relief, the defendant may join unfinished proceedings from the stage reached, without an automatic right to reopen completed steps.

See Sangram Singh v. Election Tribunal, AIR 1955 SC 425.

Option feedback

Option A

Prospective participation is available, but statement II is also correct.

Option B

Good cause can justify restoration to the earlier position, but statement I is also correct.

Option C

Prospective participation and relief on good cause are distinct and both are available in the stated stage.

Option D

An ex parte procedural order does not permanently exclude a defendant from an unfinished hearing.

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