A sued to recover a house from B and certain lands from C The suit was decreed ex parte against both...........

Professional Legal Knowledge Civil Procedure Code (CPC)

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.

C should have filed his own petition to set aside the ex parte decree

C is needed to file his own petition to aside as the ex parte decree

Claims against the two defendants are distinct

Both (A) and (C)

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