set aside the Court is required
to make an order to set it aside. Contrast
this with r. 7 which does not require the
setting ... topic on hand, namely applications by defendants to set
aside ex parte orders passed against them and reopen the
proceedings which had been conducted
Power to set aside ex parte orders.-Where
an order is passed by the National Commission ex
parte against the opposite party or a complainant ... Section 22-A
empowers the National Commission to set aside ex
parte orders against the opposite party or
complainant in the interest of justice
aside an ex-
parte award passed on merits-Whether such an ex parte award
passed on merits, when sought to be set aside ... entertain an application to set
aside an ex parte award. [346 C-E]
(3) Merely because the ex parte award was based on the
statement
liable to be set
aside. The DRT in the circumstances, ought to
have allowed the application for setting aside
ex-parte order. By not doing ... set aside as against all or
any of the other defendants also:
Provided further that no Court shall
set aside a decree passed ex parte
Power to set aside ex parte orders.—
Where an order is passed by the National Commission ex parte against the opposite party or a complainant ... aggrieved party may apply to the Commission to set aside the said order in the interest of justice
setting aside an ex-
parte decree only if the defendant had opted not to appeal
against the ex parte decree or, in the case where ... set aside as against all or any of the
other defendants also:
Provided further that no court shall set aside a
decree passed ex-parte
cause, the
Court/Tribunal can proceed ex parte and pass an ex parte
award. The award, ex parte or otherwise, has to be sent ... necessarily have power to set aside the
ex parte award. In other words, there is power to
proceed ex parte, but such power is subject
aside such an ex parte
decree would abate on the death of the original petitioner-
husband after he had obtained such an ex parte decree ... ex parte or bipartite such
aggrieved spouse cannot prefer an appeal against such a
decree or cannot move for getting ex parte divorce decree
set
defendant as the proceedings were set ex parte. As already noticed, after the proceedings were set ex parte for a second time, the Court ... earlier ex parte decree which was set aside. The legal effect of setting aside the ex parte decree is that all the was done from
reads as under:
ORDER IX RULE 13, CPC
"Setting Aside decree ex parte against
defendant : In any case in which a decree is
passed ... set
aside as against all or any of the other
defendants also:
[ Provided further that no Court shall
set aside a decree passed ex parte
