As per The Code of Civil Procedure, 1908, a decree ex parte can be set aside against a defendant I. if he satisfies the Court that the summons was not duly served. II. if he satisfies the Court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing. III. if he satisfies the Court that there has been an irregularity in the service of summons despite the fact that defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim. IV. without notice being served on the opposite party. Select the correct answer.
Explanation & Strategy
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Under CPC Order IX Rule 13, an ex parte decree can be set aside if the defendant shows: (I) sufficient cause for non-appearance, and (II) the application is filed within 30 days. Only conditions I and II are required — answer is (A).