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Can a Defendant File Both an Application Under Order IX Rule 13 CPC and a First Appeal Simultaneously?

Civil Litigation

Can a Defendant File Both an Application Under Order IX Rule 13 CPC and a First Appeal Simultaneously?

The Supreme Court has clarified that a defendant against whom an ex parte decree has been passed may simultaneously pursue an application under Order IX Rule 13 CPC and a First Appeal under Section 96(2) CPC.

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