Order IX Rule 7: Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance

Questions on this rule

2 questions in 9 of our papers cite Order IX Rule 7. Try these from the free papers:

1. 1. The Court adjourned the hearing of a suit after ordering that it proceed ex parte against the defendant. At the adjourned hearing, the defendant appears and assigns good cause for his previous non-appearance. Under Order IX Rule 7 CPC, he:

   A.may be heard only after the plaintiff's evidence closes and he deposits the claimB.may be heard in answer to the suit as if he had appeared on the day fixed, on termsC.must first apply under Rule 13, since an ex parte order can be set aside only thereD.may only cross-examine the plaintiff's witnesses and cannot lead evidence
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