The defendant against whom an ex parte decree has been passed has given the following remedies ndash...........

Civil Procedure Code (CPC) 1908 Judgment and Decree

The defendant, against whom an ex-parte decree has been passed, has given the following remedies –

(i) To apply to the court to set it aside under Order IX Rule 13 CPC.

(ii) To prefer an appeal against such decree under Section 96(2) CPC.

(iii) To file a revision petition under Section-115 CPC, where no appeal lies.

(iv) To apply for review under Order XLVII Rule 1 CPC

(v) To file a suit on the ground of fraud.

(i), (ii), (iv)

(i), (iii), (iv)

(i), (ii), (iii) (iv) and not (v)

(i), (ii), (iii), (iv), (v)

Even a suit may be filed on the ground of fraud – [Kiran Kumar vs. A.S. Khadar (2002) 5 SCC 161].

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