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Under which one of the following provisions of the Civil Procedure Code, 1908 can an ex-parte decree be set aside?
Question

Under which one of the following provisions of the Civil Procedure Code, 1908 can an ex-parte decree be set aside?

A.

Order 9 Rule 7

B.

Order 9 Rule 11

C.

Order 9 Rule 13

D.

Order 9 Rule 12

Correct option is C


· An ex-parte decree can be set aside under Order 9 Rule 13 of the Civil Procedure Code, 1908.
· An ex-parte decree is passed when the defendant does not appear in court despite proper service of summons.
· Under this rule, the defendant can apply for the setting aside of the decree if they can show sufficient cause for non-appearance.
Information Booster:
· The application for setting aside the ex-parte decree should be made within 30 days of the decree.
· The court, if satisfied with the cause of non-appearance, may set aside the decree and restore the case for hearing.

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