parte decree, if as on the date of filing of the application to get the ex-parte decree set aside, the decreetal dues under ... pare decree crossed the limit of Rs.10 lakhs, the application to get the ex-parte decree set aside or the application
declaration as such. The appropriate relief namely, cancellation or
setting aside the decree was barred by limitation on the date when ... plaintiff herein could have taken steps to
have the ex-parte decree set aside in the manner known to law but, once the
Court finds
decreed. He would further submit that the said application to set aside the exparte decree could not be filed within time since the office ... this Court warrants interference, which has to be set aside and it is accordingly set aside. The petition deserves to be allowed.
In fine
file of Debts Recovery Appellate Tribunal, Chennai setting aside the ex parte decree dated 5 January ... DRAT failed to consider the matter on merits and set aside the decree not withstanding the fact that the order impugned was only the order
decree dated 08.12.1998 may not be set aside as the reasons submitted are not good reasons to set aside such decrees of the Court ... even though exparte, cannot be set aside under Order 9 Rule 13 CPC and it could be only set aside by way of appeal. Apart
parte decree was passed on
13.11.2007. The defendant filed an application to get the ex-parte decree set
aside. However, that application was returned ... decree
set aside. After hearing both the sides, the Lower Court condoned the delay in
re-presentation and numbered the application to set aside
defendants had not taken steps expeditously to get the ex parte decree set aside, even though they participated in the E.P. proceedings. The appellate ... that the defendants were not entitled to get the ex parte decree set aside and participate in the original proceedings despite the reasons found set
limitation period of thirty days to get the exparte judgment and decree set aside. Counter was filed by the respondent herein. After hearing both sides ... submit that the reason found set out in the affidavit accompanying the application for getting the exparte decree set aside is far from satisfactory
City Tenants Protection Act,
1921 even before the ex parte decree is set aside.
(b)Whether sufficient reasons have been given by the
petitioner/tenant ... According to him, only after the ex parte decree is set aside, the
amendment application can be taken up for consideration. However, the
Trial Court
allowing the application for condoning the delay in seeking to set aside the exparte decree.
For Petitioners : Mr.P.Seshadri
For Respondents ... delay of 1435 days in filing the application to set aside the exparte decree and that application was allowed on payment of costs
