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misalsachin (student)     15 March 2011

setting aside exparte decree

when the suit for perpetual injunction is instituted and it is decreed and the summons has been duly served to the parties the defendents may apply under Order 9,13 for setting aside exparte decree please clarify on this topics with S.C citations.

 

 

Sachin Misal ,Ahmednagr

 



Learning

 2 Replies

Jamai Of Law (propra)     15 March 2011

Are you saying that "perpetual injunction" was the claim and whole claim and that's the only precise reason for which plaintiff approached court?

 

And under what basis/circumstances or 'facts in issue', such a kind of claim arises? (or rather has arisen vide plaint?) ........................  Very Interesting!!

 

Yes. The defendents may apply under Order 9.

Jamai Of Law (propra)     15 March 2011

Clarification :-

I am not at all saying it wrong or erroneous, finality of judgment may also cause a temporary injuction converted into perpetual injuction.

 

 

Set aside of Ex-parte looks at only following and not onmerits of main case ......

1) service of summons/any element of fraud and

2) cogent reasons for failure/delay and extent of delay in responding to it and

3) whether allowing of set-aside would deem infructuous due to after events/circumstances post decree and time delay.


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