To set aside an ex parte order under Order IX Rule 7 CPC (where the court has adjourned the hearing of the suit ex parte), the defendant must appear at or before such adjourned hearing and assign good cause for previous non-appearance; if shown, the defendant may be heard as if they had appeared on the original date, subject to terms as to costs. (!) (!)

A prior finding of no good cause under Order IX Rule 7 does not bar reconsideration of sufficient cause for non-appearance on merits in a subsequent application under Order IX Rule 13 CPC to set aside an ex parte decree, as the proceedings under Rule 7 are interlocutory, summary in nature, do not determine issues finally, and lack finality like a decree. (!) (!) (!) (!)

Order IX Rule 7 applies only where the suit is adjourned specifically for hearing after proceeding ex parte under Rule 6; it does not apply if the hearing is already complete and the suit is merely adjourned for pronouncement of judgment under Order XX Rule 1, in which case no application under Rule 7 lies and the remedy post-decree is solely under Order IX Rule 13. (!) (!) (!)

Where suits are consolidated for joint trial (evidence in one treated as evidence in others), a finding on sufficient cause for non-appearance in one suit (e.g., under Order IX Rule 9 for dismissal for default) does not operate as res judicata for an application under Order IX Rule 13 in another suit, as each application pertains independently to its suit. (!)

An ex parte decree (not one on merits under Order XVII Rule 3) may be set aside under Order IX Rule 13 upon showing sufficient cause for non-appearance when the suit was called for hearing; such applications must be disposed on merits, with appeal lying against refusal under Order XLIII Rule 1(d). (!) (!) (!) (!)