since
in making the order on the application to set aside
the ex parte decree, the Special Court was not
exercising jurisdiction under Section ... passing of the ex parte
decree and the order made by it on the application
for setting aside the ex parte decree could not,
therefore
aside the ex parte decree, granted the application of the respondent for the setting aside of the ex parte decree and remanded the case back ... soon as the ex parte decre is passed and if thereafter an application to set aside the ex parte decree is heard by the said
application for setting aside an ex parte decree was not maintainable. The trial Court could not, therefore, have set aside the said decree and subsequently ... parte decree is not liable to be set aside by an application made for the purpose. Even under the Code all decree including ex parte
ex parte decree passed against it, applications were moved after
obtaining certified copies and immediately thereafter application
for setting aside the ex parte decree along ... delay and accordingly the
application was dismissed, as a consequence of which the
application seeking setting aside ex parte decree stood rejected
without consideration
could be filed even against an ex-parte decree of divorce. The party aggrieved by ex-parte decree of divorce has concurrent remedy of filing ... party aggrieved by an ex-parte decree has two concurrent remedies in law. A party aggrieved by an ex-parte decree can file an appeal
after acquiring knowledge of adverse decree on 14-3-2002, applied for setting aside ex-parte decree along with application for condonation of delay ... Cawnpore. It came to be decided ex parte. The application for setting aside ex parte decree was filed in the Court of the very Judge
application to set aside the ex parte decree itself, and,
consequently, the ex parte decree in RCS/130/2009 was set aside ... filing an application for setting
aside ex parte decree had proceeded to set aside the ex parte decree
and restored the suit for further hearing
obtained ex parte decree. It was, therefore, necessary to
condone the delay in filing the application for setting aside the
ex parte decree ... consideration of the
application for condonation of delay in filing an application for
setting aside the ex parte decree, the Trial Court ought to have
2601.2018.odt
disposed of, the application for setting aside ex-parte decree under
Order 9 Rule 13 of the CPC would be rendered infructuous ... Court for setting aside ex-parte decree by satisfying
the Court that in the facts of the case, such an ex-parte decree
could
setting aside ex-parte decree with a separate application to set
aside ex-parte decree passed in R.C.S. No. 426 of 1985.
Application ... grounds for setting aside ex-parte decree. It is
submitted that impugned order setting aside ex-parte decree is
without jurisdiction. It is further submitted
