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Point out the wrong statement:
Question

Point out the wrong statement:

A.

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing, the Court shall dismiss the suit and the plaintiff shall be barred from filing a fresh suit on the same cause of action.

B.

No appeal may lie from an original decree passed ex parte.

C.

The plaintiff may apply to the Court which passed an ex parte decree against him, for an order to set it aside.

D.

No Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summon upon the defendant.

Correct option is B


The statement "No appeal may lie from an original decree passed ex parte" is incorrect. Under the CPC, an appeal can be made against an ex parte decree, and the defendant can also apply to set aside such a decree.
Information Booster
Ex parte decrees are judgments passed in the absence of one party. The CPC provides mechanisms for both appealing against such decrees and applying to have them set aside if valid reasons, such as improper service of summons, are shown.
Additional Knowledge
· Appeals against ex parte decrees: Defendants can file appeals or applications for setting aside the decree if they have valid grounds, including irregularities in the summons procedure.

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