The defendant against whom an exparte decree has been passed can prefer an appeal under ........

Civil Procedure Code (CPC) 1908 Appeals

The defendant against whom an exparte decree has been passed can prefer an appeal under

Order 9 Rule 13

Order 47 Rule 1

Section 96(2)

None of the above

- Option 1: Order 9 Rule 13

- This rule provides a mechanism for setting aside an ex-parte decree.

- A defendant can apply for setting aside the decree on showing sufficient cause for non-appearance.

- It’s not about filing an appeal but about rectification at the same court.

- Option 2: Order 47 Rule 1

- This rule deals with the power of review by the same court.

- It allows for a rehearing under certain conditions, like if new evidence surfaces.

- Option 3: Section 96(2)

- This section permits filing an appeal against a decree.

- It includes appeals against ex-parte decrees.

- Correct Answer

- Option 4: None of the above

- Options 1 and 3 provide different routes for remedy.

- This option is incorrect as there are valid routes mentioned.

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