A B and C are coparceners of Joint Hindu family They jointly execute a mortgage in favour of X X fil...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

A, B and C are coparceners of Joint Hindu family. They jointly execute a mortgage in favour of X. X files a suit against all of them. Summons are served to C but not to A and B. None of them appears and an ex-parte decree is passed against all. A and B apply to set aside the ex-parte decree –

It ought to be set-aside against C also.

It may not to be set-aside against C

It depends upon the discretion of the court, either to set aside against all or against ‘C’ alone

Not to be set-aside against ‘C’ in any circumstances.

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