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1959 (8) TMI 61 - HC - Indian LawsExtract: .......dants. 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 costs. Ordered accordingly. (8) MEHAR SINGH J. I agree. (9) Appeal dismissed.
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