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TMI Blog1959 (8) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... June 1950 can be regarded as hearing within the meaning of rule 6 of Order 9 of the Code of Civil Procedure. (2) The facts of the case are simple and not in dispute. On the 3rd August 1949 Sohan Singh and Gopi Nath brought an action for dissolution of partnership and rendition of accounts against defendants, Nos. 1 to 9 and on 29-4-1950 they obtained a preliminary decree against them. One N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order 9 of the Code of Civil Procedure for the setting aside of the ex parte decree on the ground that he was prevented by sufficient cause from appearing in Court on the 29th June 1950. The trial Court dismissed the application, but the learned Single Judge to whom an appeal was preferred came to a contrary conclusion. He held that although an ex parte preliminary decree had been passed agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the defendant does not appear when the suit is called on for hearing, then, if it is proved that the summons was duly served, the Court may proceed ex parte. This rule empowers the Court to take ex parte proceedings against the defendant only if he fails to appear in Court when the suit is called on for hearing. (5) Now, what is the meaning of the expression hearing in its application to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its broad or general sense but in its technical sense to mean a hearing at which the Judge either takes evidence or hears arguments or considers questions relating to the determination of the suit which would enable him finally to come up to an adjudication upon it: Balmakund Marwari v. Lachmi Narain Marwari AIR 1920 Pat. 595, Mt. Barkat Bibi v. Fateh Ali AIR 1949 Lah. 63. A day on which interlocu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th June 1950 cannot properly be called a hearing and it was not within the power of the Court to proceed ex parte against the defendants. Ex parte proceedings under Order 9 rule 6 can be taken if, and only if, the defendant fails to appear in Court when the suit is called on for hearing . (7) For these reasons I would uphold the order of the learned Single Judge and dismiss the appeal with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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