A defendant against whom an ex parte decree has been passed under r 6 for default of appearance at t...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

A defendant against whom an ex-parte decree has been passed under r 6 for default of appearance at the hearing has which of the following courses open to him as remedies?

He may appeal from the ex-parte decree under s. 96

He may apply for a review of the judgment under O. 47, r 1

He may apply under O. 9, r 13 for an order to set aside the ex-parte decree, provided the application is made within 30 days from the date of the decree or where the summons were not duly served

All of these

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Explanation:

- Option 1: The defendant can choose to appeal the ex-parte decree under Section 96 of the Code of Civil Procedure. This section provides the right to appeal against a decree passed by a court of original jurisdiction.

- Option 2: The defendant may apply for a review of the judgment under Order 47, Rule 1. This allows for a reconsideration of the court's decision if there is a mistake or error apparent on the face of the record.

- Option 3: The defendant can also apply under Order 9, Rule 13 to set aside the ex-parte decree. This action can be taken if the defendant was not duly served summons or if they can show a reasonable cause for their absence. The application must be made within 30 days from the date of the decree.

- Option 4: All of the above options are valid remedies available to the defendant.