In a civil case what remedies are available for the defendant against whom an ex-parte decree has been passed by the court ?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
In a civil case what remedies are available for the defendant against whom an ex-parte decree has been passed by the court ?
Answer & Explanation:
In a civil case, a defendant has four remedies available if an ex-parte decree is passed against him: He may file an appeal against the ex-parte decree under Section 96 of the Civil Procedure Code. He may file an application for review of the judgement. (Order 47, Rule 1 of the Civil Procedure Code) 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 non-service of summons.
Topics: Civil Procedure Code, 1908
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