decree of divorce was passed ex parte and the husband died subsequently on passing of the decree, the wife could not seek to set aside ... property would get directly affected and curtailed of such decree is set aside. On the other hand, such right would get enlarged if such
petitioner was set
ex parte in 2010. Subsequently, he filed Petitions to set aside the ex parte
decree and the respondent did not oppose ... opportunity and he was set ex parte. The petition
filed by the petitioner to set aside the ex parte decree on second occasion
the Courts
filed
on 06.03.2014 U/O.9 R.13 CPC for setting aside judgment/decree
dated 18.03.2013 passed in Civil Suit No.178/12 titled ... hence, the defendant is not entitled to get the ex
parte decree setaside. Under O.9 R.13 CPC , apart from the
ground
parte decree besides having a right to file an appeal
against the ex parte decree without even seeking an order setting aside the
ex parte ... decree can be passed, and if
it is passed, then O. IX, r. 13 comes into play and, before the decree is set
aside
Amruta Kaluji Shejol & 5 Others vs Vithal Ganpat Wadekar & Others on 15 July
making the
application for setting aside an ex parte decree and set aside the
decree. The Hon'ble Division Bench observed, inter alia, that ... court should liberally exercise its
discretionary power in setting aside an ex parte decree. An order
refusing to set aside an ex parte decree
parte decree besides having a right to file an appeal
against the ex parte decree without even seeking an order setting aside the
ex parte ... decree can be passed, and if
it is passed, then O. IX, r. 13 comes into play and, before the decree is set
aside
parte decree besides having a right to file an appeal
against the ex parte decree without even seeking an order setting aside the
ex parte ... decree can be passed, and if
it is passed, then O. IX, r. 13 comes into play and, before the decree is set
aside
set aside the ex parte decree had been condoned
and the ex parte decree had been set aside.
7. The first question to be considered ... obtains decree in a fair
manner. He appeared through a power of attorney and obtained
a decree. It is true that the setting aside
parte decree besides having a right to file an appeal
against the ex parte decree without even seeking an order setting aside the
ex parte ... decree can be passed, and if
it is passed, then O. IX, r. 13 comes into play and, before the decree is set
aside
