Order IX, Rule 13 reads as under:
"13. 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
prefer
an appeal against such a decree or cannot move for getting ex parte divorce decree set
aside under Order 9, Rule ... marriage to be dissolved by any decree of divorce.
Consequently, now that the ex parte decree is set aside, no useful purpose will be
served
plaintiff to have the
or decree or for the instrument or decree
rescission of a cancelled or set aside or
contract the contract rescinded
first ... predecessors were not aware of the transactions. The limitation period
for setting aside the sale deed would start running from the date of registration
sale in
execution of his own decree is liable to be defeated when
the decree is subsequently set aside. The Calcutta High
Court said ... case where the decree
is an ex parte decree and there is a greater possibility of
such a decree being set aside. The reasons which
Rule 13 of the C.P.C ., as under:
"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 than no Court shall set aside a decree
passed ex parte
Section 19 of the MSME Act which
deals with application for setting aside decree, award or order.
As per Section 19 , no application for setting ... such deposit is made and
during pendency of the application for setting aside decree,
award or order, the court shall order that such percentage
Section 19 of the MSME Act which
deals with application for setting aside decree, award or order.
As per Section 19 , no application for setting ... such deposit is made and
during pendency of the application for setting aside decree,
award or order, the court shall order that such percentage
against
decree passed with the consent of parties, it
implies that such decree is valid and binding on
the parties unless set aside ... decree having been made in terms of the
compromise and such decree having attained
finality, it cannot be questioned, interfered or
set aside
Limitation Act, 1908 had
provided inter alia for suits to set aside decree
obtained by fraud. There was no specific article to
set aside ... date when the facts
entitling the plaintiff to have the decree set aside,
first became known to him.”
28. On a careful perusal
decree of divorce.
After obtaining the decree, the husband died. The wife
on coming to know of the ex parte decree, applied for
setting aside ... prefer an appeal against
such a decree or cannot move for getting ex parte
divorce decree set aside under Order IX Rule 13 CPC .
Such
