application to set aside exparte decree. Therefore, it cannot be said the petitioner/defendant did not know about the exparte decree passed in the suit ... file the petition to set aside the exparte decree immediately on knowing the passing of exparte decree against him would render no assistance from
ex-parte decree for divorce was passed in
favour of the appellant. The respondent husband preferred an
appeal against the ex-parte decree ... setting aside the ex-parte
decree was not maintainable, as the appeal preferred by the
husband against the ex-parte decree had already been
dismissed
under Order 9, Rule 13, C.P.C . to set aside the ex parte decree was not represented for more than four years and four ... representing an unnumbered Application, seeking an order to set aside the ex parte decree. As found by the Court below, the inordinate delay
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
basis whereof an ex parte decree was passed, can, after the said ex parte decree is set aside, still validly form the basis ... basis of the earlier ex parte decree which was set aside. The legal effect of setting aside the ex parte decree is that
parte award would not be maintainable. Order IX Rule 13,
CPC reads as under:
ORDER IX RULE 13, CPC
"Setting Aside decree ex parte ... setting aside the ex parte decree. He could also file
an appeal under Section 96 against the ex parte decree. The
mere fact of filing
under:
"13. Setting aside decree ex-parte against
defendant- In any case in which a decree is passed
ex-parte against a defendant ... decree is passed ex-parte against all the
defendants, defendant No.1 subsequently applies for setting
aside the said ex-parte decree, according
since
in making the order on the application to set aside
the ex parte decree, the Special Court was not
exercising jurisdiction under Section ... passing of the ex parte
decree and the order made by it on the application
for setting aside the ex parte decree could not,
therefore
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 ... 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
case, we set aside the Order impugned and condone the delay in filing the application for setting aside exparte Decree. To avoid further delay ... case, we set aside the order impugned and condone the delay in filing the application for setting aside the exparte Decree on payment of exemplary
