Lotus International vs Chaturbhujadas Karnani Textiles [ 65 (1997) DLT 300]: Delhi High Court
Previous non-appearance of a party can be excused if a good cause for absence is shown in application under Order 9 Rule 7 of CPC
(23) From the aforesaid rulings, the following principles can be summarised. Where the Court has decided to proceed ex parte under Order 9 Rule 6 Cpc, it means that it has merely decided to go ahead with the case in the absence of the defendant and the situation is not akin to one where an ex parte decree or order is passed against a defendant. The Court merely records in its minutes that it is proceeding forward in the absence of the defendant. If thereafter the Court has taken some steps in the trial, it is open to the defendant to come forward at a later stage and file an application under Order 9 Rule 7 to restore the status quo ante obtaining before he was set ex parte. If good cause is shown for his absence, the Court would allow the application thus relegating him to the same position which obtained before he was set ex parte. But, in case good cause is not shown by the defendant for his earlier absence and the application under Order 9 Rule 7 is rejected, it is still open to the defendant to join and participate in the proceedings at a later stage accepting the events which have taken place in the interregnum, as they stand.
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