suits are decreed with costs ex
parte with interest at 6 % etc."
To set aside this ex parte decree thus passed against ... directed to make an ex parte
order. Of course the fact that it is
proceeding ex parte will be recorded in the
minutes
ex-parte against
Respondent No. 2 herein but it remains undisputed that both the
Respondents filed application for setting aside the ex-parte decree before ... ex parte
can proceed in succession under O.9, R.13, as well
as by taking objection to the order placing him ex
parte
first defendant, the
appellant, was set ex parte and on 11.10.1996, the suit was decreed ex
parte.
3. On 16.11.1996, the first defendant, the appellant ... condoning the
delay in filing the petition for setting aside the ex parte decree. Both
the applications were opposed by the plaintiff
Civil Court, Raipur was
transferred to DRT, Jabalpur and an ex-parte
decree had been passed against the appellants.
Immediately on December ... ex parte;
(g) setting aside any order of dismissal
of any application for default or any
order passed by it ex parte;
(h)
15. Bare
condone the delay in filing the first appeal challenging the ex-
parte decree passed in Regular Civil Suit No.35 of 2007 dated ... application
under Order IX Rule 13 CPC for setting aside the ex-parte
decree. After considering the contentions of both the parties, the
said application
aside its ex-parte decree. For the trial court decree was
said to have merged with the appellate decree. Prior to the
Amendment ... January 1922,
amounted to a decree or not, (b) if it was a decree,
whether the ex-parte decree can be held to have
Civil Procedure does not define either an ex parte judgment or an ex parte decree. It refers only to a judgment and a decree ... original decree passed ex parte. Two remedies are available to an aggrieved person to question the ex parte decree. One is that he may file
short referred to as the
Act) are not filed and ex-parte decree is passed on the
basis of the award filed before the Court ... purposes such decree is
ex-parte for the party objecting to the award. Under C.P.C .
ex-parte decree has no technical meaning. Order
appellant, it was advised to initiate
proceedings to set aside the ex-parte decree and Recovery
Certificate and hence an application was filed before ... words, the Order of the Tribunal declining to set aside the
ex-parte decree attained finality. The Revision Petition filed by
the appellant before
parte
decree was set aside in appeal and after a fresh decree was
passed on remand, the sale held in execution of the ex-parte ... parte decree was set
aside, the sale, where the decree-holder was the purchaser,
falls through and was not validated by a fresh decree
subsequently
