ex party decree passed on merit

anshul sangal (Querist) 18 July 2011 This query is : Resolved
sir my question is when under order 9 rule 13 C.P.C an application has been moved by defendent to set aside ex party decree and that application is decided by court on merit against defendent then what remedy is avaiable for defendent ?

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KAMARAJ BHARATHY G (Expert) 18 July 2011
As per CPC there is no any distinqution between ex-parte decree decided in merits and without merits? hence, the court only has inherent power to decide the matter in its discritionary power.

prabhakar singh (Expert) 18 July 2011
such defendant will have to file appeal/revision before district judge

G. ARAVINTHAN (Expert) 19 July 2011
Exparte order/decree never be on merits. ok what is the delay in filing application to setaside exparte decree?

ANANDARAJ (Expert) 20 July 2011
against that defendant can file a civil revision petition before high court

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