lsquo A rsquo files a suit against B C and D on a mortgage bond and gets an ex parte decree against...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

‘A’ files a suit against B, C and D on a mortgage bond and gets an ex-parte decree against all of them. B alone applies to set it aside. Neither in the mortgage bond nor in the plaint nor in the decree there is any specification of shares and liabilities of the respective defendants. Therefore, the decree -

The decree must be set-aside against B alone

The decree must be set-aside as a whole.

It is upon the discretion of the Court either to set it aside against B alone or against all as a whole.

The decree must be set-aside B alone because B only applies to set it aside.

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Explanation:

The decree must be set aside as a whole and not only against B alone. [Where the relief to which the applicant is entitled cannot effectively be given otherwise than by setting aside the decree against the other defendant also].