TaxTMI 
TaxTMI 
1959 (8) TMI 61
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....ther the proceedings before the Court of the 29th June 1950 can be regarded as "hearing" within the meaning of rule 6 of Order 9 of the Code of Civil Procedure. (2) The facts of the case are simple and not in dispute. On the 3rd August 1949 Sohan Singh and Gopi Nath brought an action for dissolution of partnership and rendition of accounts against defendants, Nos. 1 to 9 and on 29-4-195....
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....t him and presented an application under rule 13 of Order 9 of the Code of Civil Procedure for the setting aside of the ex parte decree on the ground that he was prevented by sufficient cause from appearing in Court on the 29th June 1950. The trial Court dismissed the application, but the learned Single Judge to whom an appeal was preferred came to a contrary conclusion. He held that although an ....
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....rovides that where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then, if it is proved that the summons was duly served, the Court may proceed ex parte. This rule empowers the Court to take ex parte proceedings against the defendant only if he fails to appear in Court when the suit is called on for hearing. (5) Now, what is the meaning of the expr....
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....ot;hearing" in rule 6 of Order 9 of the Code of Civil Procedure has been used not in its broad or general sense but in its technical sense to mean a hearing at which the Judge either takes evidence or hears arguments or considers questions relating to the determination of the suit which would enable him finally to come up to an adjudication upon it: Balmakund Marwari v. Lachmi Narain Marwari ....