Section 59   [ View Judgements ]

Amendment of Order IX

In the First Schedule, in Order IX,-

(i)in rule 2,-

(a)after the words "chargeable for such service,", the words and figures "or to present copies of the plaint or concise statements, as required by rule 9 of Order VII," shall be inserted;

(b)for the proviso, the following proviso shall be substituted, namely:-

"Provided that no such order shall be made, if, notwithstanding such failure, the defendant attends in person (or by agent when he is allowed to appear by agent) on the day fixed for him to appear and answer.";

(ii)in rule 4, for the words and brackets "his not paying the Court-fee and postal charges (if any) required within the time fixed before the issue of the summons", the words and figures "such failure as is referred to in rule 2" shall be substituted;

(iii)in rule 5, in sub-rule (1), for the words "three months", the words "one month" shall be substituted;

(iv)in rule 6, in sub-rule (1), for clause (a), the following clause shall be substituted, namely:-

"(a) if it is proved that the summons was duly served, the Court may make an order that the suit be heard ex parte;";

(v)to rule 13, after the proviso, the following further proviso shall be added, namely:-

"Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.";

(vi)in rule 13, the following Explanation shall be inserted at the end, namely:-

"Explanation.- Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.".

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