A defendant against whom an ex parte decree is passed has the remedies either to file an appeal unde...........

Civil Procedure Code (CPC) 1908 Pleadings

A defendant against whom an ex-parte decree is passed has the remedies either to file an appeal under Section 96(2) CPC or to file an application under Order IX Rule 13 CPC. In what manner, the defendant can take recourse to the above given remedies —

Before filing an application under Order IX Rule 13 CPC, defendant has to file an appeal under Section 96 (2) CPC and if it dismissed then has an option to file an application under Order IX Rule 13 CPC.

Before taking recourse under Section 96 (2) CPC, it is mandatory for the defendant to file an application under Order IX Rule 13 CPC and then if the above is dismissed, then only an appeal can be filed Under Section 96 (2) CPC

The defendant cannot take the benefit of both the remedies simultaneously

The defendant can take recourse to both the proceedings simultaneously

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