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When an ex parte decree is passed, the defendant would normally ask for setting aside of ex parte decree:
A
By the application under Order IX Rule 13 of the Code of Civil Procedure
B
By filing a revision petition under Section 115 of the Code of Civil Procedure
C
By filing a petition under Article 227 of the Constitution of India
D
By filing an application under Order IX, Rule 7 of the Code of Civil Procedure
Correct Answer:
By the application under Order IX Rule 13 of the Code of Civil Procedure
X sues A and B on a promissory note executed by A, B is A's nephew, and he is joined as a defendant on the ground that A and B are member of a joint Hindu family, and that the note was for a debt binding on the family. None of the defendant appears at the hearing and an ex parte decree is passed against both the defendants.
The decree against A proceeds on the ground that the note was passed by him and against B on the ground that the debt was incurred for a family purpose. B applies for an order to set aside the decree, alleging that the summons was not served upon him and that the debt in respect of which the note was passed by A was not incurred for a family purpose. It is not disputed that the amount was actually advanced to A.
A
The decree against Amust be set aside
B
The decree against B must be set aside
C
Both A and B
D
None of these
An ex parte decree passed by Court 'A' was transferred to Court 'B' for execution and which execution proceedings are pending in Court 'B'. Court 'A' aside the ex parte decree and on re-hearing, a fresh decree was passed on the same terms.
A
Since the new decree is on the same terms, as the decree which is set aside, the execution proceedings will continue
B
Court 'B' can continue to execute the ex parte decree since the order of transfer has not been recalled
C
The Decree Holder can seek amendment to the execution proceedings
D
The execution proceedings in Court 'B' come to an end a fresh execution petition would have to be filed of the new decree
Under which provision of Code of Civil Procedure, restoration or setting aside of orders passed ex parte can be sought regarding an application filed under Order XXI of Code of Civil Procedure which has been dismissed for non appearance or decided ex parte?
A
Order IX Rule 13
B
Order XXI Rule 58
C
Order XXI Rule 106
D
Order XXI Rule 100
A civil suit was repeatedly fixed by the trial court for examination of the defendant's witnesses but the said opportunity was not availed by the defendant, therefore on 18
th
November 2016 when neither the defendant nor his counsel had appeared, the trial court had proceeded ex parte and heard the final arguments and reserved the case for judgement. On 28
th
November 2016 the defendant had filed an application under Order 9 Rule 7 read with section 151 of the Code of Civil Procedure which is
A
Maintainable
B
Non-maintainable
C
Matter of discretion of the court to accept or not
D
Matter of inherent power of the court to accept or not
In an application under Order XXXVII, Rule 4 of Code of Civil Procedure for setting aside the ex-parte decree, the defendant has to show
A
Special circumstances which prevented him from appearing or applying for leave to defend
B
Facts which would entitle him to leave to defend
C
Both A and B
D
Either A or B
Which of the following statements is correct?
An attachment order may come to an end by
A. Satisfaction of decree.
B. Setting aside or reversal of decree.
C. Dismissal of execution application for decree holder's default.
D. Death of the decree holder.
E. Agreement/compromise between the parties.
Select the correct answer:
A
1, 2, 3 and 5
B
2, 3 and 5
C
2, 3, 4 and 5
D
All these
In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs. 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
A
Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14
B
No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained 'for the payment of money in satisfaction of a claim arising under the mortgage' within the meaning of O. 34 r 14
C
The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply
D
None of these
In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one of the three defendants the Court set aside the decree as against all the defendants. The order of the court is
A
Legal
B
Irregular
C
Unjustified
D
Illegal
Under which of the following provisions of the Code of Civil Procedure, 1908 an ex parte order and ex parte decree may be set aside?
A
Order 9, Rule 7 and Order 9, Rule 10
B
Order 9, Rule 4 and Order 9, Rule 5
C
Order 9, Rule 7 and Order 9, Rule 13
D
Order 9, Rule 11 and Order 9, Rule 12
A sued to recover a house from B and certain lands from C. The suit was decreed ex parte against both defendants. B applied to set aside the ex parte decree and having settled the dispute with A applied to withdraw his petition. C then applied to be transposed as petitioner.
A
C should have filed his own petition to set aside the ex parte decree
B
C is needed to file his own petition to aside as the ex parte decree
C
Claims against the two defendants are distinct
D
Both A and C