court has got jurisdiction to set aside the decree passed exparte, only if the petitioner satisfied the court that he was prevented by any sufficient ... reads as follows:-
"13. Setting aside decree exparte against defendant:- In any case in which a decree is passed exparte against a defendant
case in which a decree is passed ex parte against
decree was passed for an order to set it aside; and if he
satisfies ... set aside the ex parte decree, if the decree passed is indivisible
in nature, then court can set aside the entire decree even
decree, i.e., the
preliminary decree in O.S.103 of 1981 was passed by the
Sub Court and the present decree setting aside ... plaintiff to have the
or decree or for the instrument or decree
rescission of a cancelled or set aside
contract. or the contract rescinded
first
that it cannot be set aside as against
such defendant, only then it enables the court to set aside the decree against other
defendants also ... set aside by the court below. Technically, therefore,
the second defendant has to apply before the Court below to set aside the ex parte
decree
prayed that the ex parte decree be set aside. On October 22, 2001 the trial Court dismissed the application. It held that in view ... power to set aside an ex parte order. It is true that in Sub-clause (g), the expression is "setting aside any order........passed
decree. The said provision is extracted below for easy reference.
13. Setting aside decree ex parte against defendant.- In any case in which a decree ... 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
parte' decree
passed against him and the Court makes a conditional order directing the decree to be set aside on certain conditions in default ... suit or the decree amount in part or full before an ex parte decree is set aside. The wording "upon such terms
parity of reasoning, can be extended to
proceedings for setting aside ex parte decree of divorce, which is
a remedy lawfully available to a spouse ... Order IX Rule
13, the Court has no jurisdiction to set aside ex
parte decree. The manner in which the language
of the second proviso
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 ... set aside the ex parte order. His brother and sister along with mother filed petition to set aside the ex parte decree. Petitioner was made
decree.
According to the appellants, they had, on the decree being
issued by the court below, filed I.A.No.4710/2013 to set aside ... when they
were set ex parte, the delay of 122 days in filing the
application to set aside the ex parte decree under Order
