The appearance and non-appearance of the parties to the Civil Procedure Code Order IX of the CPC resulted in the separation of the requirements of the O IX, R 13 Ex-Pen, Decree, A IX, R 13, Evidence required that the date of the hearing was not served. Properly affected and the defendant had to determine that his absence on the due date was beyond his control, if the next hearing was given in the presence of the defendants. No question of proper service will arise and under the circumstances the previous order cannot be stopped.
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