Hanuman And Another vs Additional District & Sessions Judge ... on 18 January, 2020
10. The Co-ordinate Bench in Ram Suman Pandey (supra) further held that Order IX Rule 6 covers the case of the defendant who did not appear at all on the first date of hearing and the suit was adjourned after declaring to proceed against him ex parte as also on the defendant who did not appear after filing written statement. In both the cases the ex parte order only covered the period during which the defendant was actually absent and it did not act as bar to his resuming appearance in the suit at the stage at which it was then, if he appeared subsequently and wanted to forward his evidence. Order IX Rule 6 is applicable if the defendant wants the court to retrace its steps and to be allowed to file written statement. But if the defendant wants to proceed from the stage already reached, he will have an absolute right without obtaining the court's permission to take part in the proceeding.