2003) application was
moved for setting aside ex-parte decree and seeking
re-hearing on merits. The
application has
been rejected vide order dated ... hereunder. The
impugned order dated 17.9.2003 rejecting the application
for setting aside ex-parte
decree dated 9.7.2003 is set aside and the ex-parte decree
proviso as directory. An application seeking to set aside an ex-parte
decree passed by a Court of Small Causes or for a review ... time up to the time of presentation of
application for setting aside ex-parte decree or for review and the
Court may treat
ex parte. Thus the direction to proceed ex parte and the consequent ex-parte proceedings are both illegal and liable to be set aside. This ... justified in proceeding ex parte against the appellant in the original suit and the prayer for setting aside the ex parte decree could not have
Rule 13 of the C.P.C . seeking setting aside of the ex-parte
decree was filed which was opposed, enquired into and rejected ... resulting in failure of justice
by refusing to set aside the ex-parte decree.
The appeal is allowed. The orders of the Trial Court
does have locus standi to move an application for
setting aside an ex-parte decree, passed against the person in whose shoes
he has stepped ... shoes of the defendant, from moving an
application for setting aside the ex-parte decree especially in the
presence of Section
setting out the reasons for their default in contesting the suit moved
the learned Single Judge for setting aside the ex-parte decree. By
order ... defendant-appellants in
support of notice of motion seeking setting aside of the ex-parte
decree did make out a case for allowing the notice
Pilibhit, wherein the appellant had prayed for setting aside
the ex-parte judgment and decree dated 9.5.1995 made ... decree the suit ex parte.
When the appellant came to know of the ex parte decree
he filed the above-mentioned application for setting aside
ex parte decree dated 31.5.91 and stay of the execution thereof.
(2) It was a simple money suit. On 31.5.91, an ex parte decree ... parte decree is made out.
(7) For the foregoing reasons the application under Order 9 Rule 13 Cpc seeking setting aside of the ex parte
does have locus standi to move an application for
setting aside an ex-parte decree, passed against the person in whose shoes
he has stepped ... shoes of the defendant, from moving an
application for setting aside the ex-parte decree especially in the
presence of Section
ex-parte. An order rejecting the objection in default of appearance followed by a decree in terms of award may amount to an ex-parte ... would not be an ex-parte Judgment or decree. The question of entertaining or making an application for setting aside an exparte decree under Order
