Order 9 MCQ Quiz in বাংলা - Objective Question with Answer for Order 9 - বিনামূল্যে ডাউনলোড করুন [PDF]

The correct answer is Option 3.

Key Points Order 9, Rule 7 CPC:  Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.

Rule 7 of Order 9 CPC : 

• Rule 7 provides the procedure in cases where the defendant was absent in the previous hearing but appears in the subsequent hearing and gives a reasonable or good cause for his absence in the previous hearing.
• It provides that in a situation where the court has adjourned the hearing of the suit ex parte and the defendant provides a good cause for his absence, the court, on its terms and conditions, may hear him and deal with the suit as if he had appeared on the date fixed for hearing. 
• In the case of Arjun Singh v. Mohinder Kumar (1964), the Supreme Court held that if the defendant is able to show any good or reasonable cause for his absence on the fixed day of the hearing, he will not be penalised or forbidden to participate in further proceedings.
• However, he cannot claim his position back as it was at the commencement of the trial.
• Rule 7 of Order 9 CPC is based on the principle that the defendant has a right to defend himself until the suit is completely decided by the court, and this must be understood liberally as held in East India Cotton Mfg. Co. Ltd. v. S.P. Gupta (1985). 

Essentials of Rule 7: 
For the application of Rule 7 in a suit, the following essentials or conditions must be fulfilled:

• The defendant must not have appeared on the previous day fixed for the hearing. 
• He should have a good or reasonable cause for his previous absence or non-appearance. 
• The court must have adjourned the ex parte hearing in his absence. 
• The court has discretionary power to order him to pay the costs or impose any other condition. 

Additional Information Meaning of ex parte decree

• A decree that is passed in the absence of the defendant against him on the day fixed for hearing but in the presence of the plaintiff is called an ex parte decree.
• This decree is neither null nor void and inoperative; rather, it is voidable unless it is annulled by the opposite party, i.e., the defendant, legally on valid grounds.
• Until then, it is operative and enforceable like any other decree and is covered under a valid decree. This was held in the case of Pandurang Ramchandra v. Shantibai Ramchandra (1989). 

The correct answer is option 1: "Lie."

Key Points

• Order IX Rule 13 of the CPC (Code of Civil Procedure, 1908) allows a defendant against whom a decree has been passed ex parte (in their absence) to apply to the court for setting aside the decree under certain conditions.
• The rule does not preclude such an application simply because an appeal against the ex parte decree was preferred and then withdrawn. The withdrawal of the appeal does not affect the right of the defendant to seek relief under Order IX Rule 13.
• The rationale behind this rule is to ensure that a party who was not present when the decree was passed (due to reasons like lack of notice or unavoidable circumstances) gets an opportunity to present their case and have the ex parte decree reviewed.

Additional Information

• Ex Parte Decrees: These are judgments passed in the absence of one of the parties. The CPC provides mechanisms to ensure that these decrees can be contested if the absent party can demonstrate a valid reason for their absence.
• Appeal Withdrawal and Subsequent Remedies: The withdrawal of an appeal against an ex parte decree does not extinguish the party's right to seek other remedies available under the law, such as applying for the decree to be set aside under Order IX Rule 13.

Important Points It's important to recognize that the legal system provides multiple avenues for relief to ensure fairness, especially in cases where a party has not had the opportunity to be heard due to their absence.

In conclusion, following the withdrawal of an appeal against an ex parte decree, an application under Order IX Rule 13 of the CPC to set aside that decree is still maintainable. This provision underlines the commitment of the legal system to fairness and the right to be heard.

The correct answer is Option 4.

Key PointsOrder IX of the Civil Procedure Code, 1908 deals with the Non-appearance of the Parties and such default may have the effect of the dismissal of the suit or ex-parte decision by the Courts.

correct answer is by an application under Order IX Rule 13 of the Code of Civil Procedure.

Key PointsAccording to Order 9 Rule 13 of CPC, A defendant can make an application under this order because the summons had not been served properly and he had sufficient grounds for the nonappearance before the court. The defendant has a thirty days time period to apply, setting aside the suit. If the plaintiff did not appear, he may apply to set aside the order of dismissal after the lawsuit has been dismissed. The order dismissing the lawsuit may be reviewed and a date set for its continuation if the court finds the reason for non-appearance to be a sufficient justification.

Additional Information When a defendant presents sufficient cause before the court for non-appearance the ex-parte decree can be set aside. Once the court accepts the defendant’s reason, it will set aside the decree. The civil code provides remedies that a defendant can use to set aside the decree passed by the code and get the opportunity to represent his case.

A defendant against whom an ex-parte decree has been issued has the following remedies:

• Application to set aside the ex-parte decree under Order 9 Rule 13.
• Appeal against the decree under  Section 96(2)
• File a revision under   Section 115
• Apply for review under Order 47 Rule 1
• Suit on the ground of fraud by the plaintiff.