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
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
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
exparte judgment and decree or
not. It is submitted that only in a case where the exparte
judgment and decree is set aside ... Court has rightly set aside the exparte judgment and
decree on the ground that the exparte judgment and
decree for specific performance
procedure for
setting aside a decree passed ex parte. The court can
set aside an ex parte decree only on two grounds –
firstly, that ... ex-parte decrees while setting out the
principles which have been quoted hereinabove and the
ex parte decree should be treated to be the decree
under: -
“13. Setting aside decree ex parte against defendants.- In any
case in which a decree is passed ex parte against a defendant ... 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
they were set ex-parte by the Trial Court on
14.02.2018. Eventually on 20.08.2018, the Trial Court passed an ex-
parte decree and further directed ... setting aside
the ex-parte decree.
5
11. To start with, facts and events relating to passing of an ex-parte
decree are distinct from
setting aside the exparte decree,
the High Court has also passed an order that on setting
aside the exparte decree and consequently ... set aside the ex
parte decree and the said order of condonation of delay
and setting aside the exparte decree was the subject
matter
suits are decreed with costs ex
parte with interest at 6 % etc."
To set aside this ex parte decree thus passed against ... results in an ex parte decree, can the Court
in dealing with the application to set aside the ex parte
decree under
