For setting aside an ex parte decree passed under Order 37 Rule 2 3 ndash ........

Civil Procedure Code (CPC) 1908 Special Suits

For setting aside, an ex parte decree passed under Order 37 Rule 2(3) –

provisions of Order IX Rule 13 are not applicable

Order XXXVII is a self contained provision and prescribes rules applicable to the setting aside of the exparte decree

Defendant has to show special circumstances and not “sufficient cause”

All of the above

Mukesh Kumar vs. Bhopal Singh AIR 2005 NOC 226 Raj - For setting aside, an ex parte decree passed under Order 37 Rule 2(3) –

(a) provisions of Order IX Rule 13 are not applicable

(b) Order XXXVII is a self contained provision and prescribes rules applicable to the setting aside of the exparte decree

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