Indian Civil Procedure Code- Appearance

Question 1

O IX r 13

Answer 1

Setting aside an exparte decree

Question 2

1. Summons not duly served

2. Prevented from appearing at hearing (SCse)

What?

O.IX r 3

Answer 2

Grounds for setting aside ex-parte

Question 3

Second proviso added by 1976 Ammendment

Is merely irregularity in service sufficient cause for order u/o IX r 13?

Answer 3

Court will Not set aside if defendant had adequate notice/time to appear and file reply to P’s claim.

Generally on satisfaction of non-service to P, Court will set aside.

Question 4

G.P. Srivastava v R.K. Raizada

Which expression to be liberally construed in setting aside ex-parte?

09 r13

Answer 4

Sufficient cause as a ground.

Party not to be deprived of hearing unless misconduct/gross negligence.

Expression not defined in CPC

Question 5

Extent of setting aside EX-PARTE

If one defendants has applied for setting aside order can it be set aside for other Dfs?

Proviso to r13

Answer 5

Nature of the decree is that it can not only be set aside only against one defendant .

Yes it may be set aside against other defendants also.

General rule: Court set asides only against who made the application