aside an ex-
parte decree only if the defendant had opted not to appeal
against the ex parte decree ... ex-parte
decree was not maintainable, as the appeal preferred by the
husband against the ex-parte decree had already been
aside an ex
parte decree only against the defendant against whom the ex
parte decree was passed and who had, accordingly ... Setting aside decree ex-parte against
defendant- In any case in which a decree is passed
ex-parte against a defendant
ex parte final decree in a mortgage suit, while retaining the ex parte preliminary decree therein, is an order affecting ... setting aside the ex parte final decree, while retaining the ex parte preliminary decree, is an order affecting the decision
decree passed against the parly which was not present, is an ex parte decree or an ex parte order ... ex parte decree is passed and such decree is an ex parte decree. This general principle is the basis of Order
date of ex parte order and the date of order setting aside the ex parte order.
13. At this juncture ... enforced as a decree, not only against the person who obtained the ex parte decree/order and caused the dispossession, but against
Setting aside decree ex parte against defendant.-
In any case in which a decree is passed ex parte against a defendant ... appeal only against an orders rejecting an application for an order
to set aside a decree passed ex parte. Therefore, the plaintiff/ appellant
decree for
possession/eviction is set aside, the party
who was dispossessed/evicted in pursuance
of such an ex parte decree or order ... enforced as a decree, not only
against the person who obtained the ex
parte decree/order and caused the
dispossession, but against
husband even after obtaining the ex parte decree never caused the
13
ex parte decree to be served upon the opposite ... operation of decree of divorce, granted ex parte, is
sustainable or not.
The ex parte decreee of divorce was granted
against ex
parte decree were both dismissed for default. The petition for setting
aside the ex parte decree under Order ... against an ex parte decree as barred by limitation, prevented the
trial court which passed the ex parte decree, from exercising
ex parte decree. Accordingly the learned Single Judge set
aside the ex parte decree by the impugned order and also
ordered ... appeal against such a
decree or cannot move for getting ex parte divorce decree
set aside under Order IX Rule
