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Where the plaintiff appears and the defendant does not appear when the suit is called out for hearing and if the defendant is duly served, the court may hear the suit ex-parte and pass a decree against him. Such a decree is –
Null and void
Inoperative
Valid
Merely voidable and unless and until it is annulled on legal and valid ground, and enforceable like a bi-parte and has all the force of a valid decree.
It is proper, lawful, operative and enforceable – [Pandurang Ramchandra vs. Shantibai Ram Chandra AIR 1989 SC 2240].
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