Question

A, B and C are coparceners of Joint Hindu Family. They jointly execute a mortgage in favour of Y. Y files a suit against all of them. Summons is served to C but not to A and B. None of them appears and an ex parte decree is passed against all. A and B applied to set aside the ex parte decree. The decree will be set aside against

• A. Only C
• B. Only A & B
• C. A, B and C
• D. None of these

Hint:

In an ex parte decree, only those who did not appear may apply to set the decree aside.

Answer 1

The Correct Option is B

Step 1: Understanding the Question.
When a suit is filed against multiple parties and an ex parte decree is passed, those who did not appear can apply to set the decree aside. Here, A and B, who did not appear, can apply to set the ex parte decree aside.
Step 2: Analysis of Options.
- (A) Only C: This is incorrect, as C was served the summons and cannot apply to set the decree aside.
- (B) Only A & B: This is the correct answer, as A and B did not appear and can apply to set the ex parte decree aside.
- (C) A, B and C: This is incorrect because C is already part of the decree and cannot apply to set it aside.
- (D) None of these: This is incorrect as option (B) is the correct answer.
Step 3: Conclusion.
Thus, the correct answer is (B) Only A & B.