Discuss the remedies available to the defendant when an ex-parte decree is passed against him.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
Discuss the remedies available to the defendant when an ex-parte decree is passed against him.

Answer & Explanation:

A defendant has four remedies available if an ex-parte decree is passed against him. These are as follows: He may file an appeal against the ex-parte decree under Section 96 of the Code of Civil Procedure, 1908 He may file an application for review of the judgement. (Order. 47, Rule.1) He may apply for setting aside the ex-parte decree. A suit can also be filed to set aside an ex-parte decree obtained by fraud but no suit shall lie for nonservice of summons.

Topics: Civil Procedure Code

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