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Title Suit Ex Party Order Reopen U/S 9 Rule 4


22-Feb-2023 (In Civil Law)
Sir Applicant filed title suit after defiting case U/s 44 and 45 on paternal property in 2001, court proceeding evidence, gawahi etc done during the period of 2001 to 2011 and in 2011 due to continuously non presence of applicant case was dismissed with ex party decision..ow we come to know that his son and successor filed an application u/s 9 rule 4 C.P.C for re open the case in same court...as per my knowledge we know any order can be applied in higher court..in my case order passed by dist court..and no one go high court against this order...please help me how I can move further to not open the case in same court...because applicant and defendet is not alive...kya it is justified ? case is not settled pidhi dar pidhi...
Answers (2)

Answer #1
572 votes
Sir,

In any case, no case can be reopened before giving you or the applicant here, a chance to be heard first. This would amount to a violation of right to be heard and such order itself cannot stand. It should be contested by you before the relevant court.

Thanks and Regards

Thanks
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Answer #2
907 votes
the applicant/legal heirs of the deceased plaintiff can file an application under O.9 R.4 for cancelling the ex-parte order but it depends on the facts and circumstances of the case whether the application will be allowed or not.
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