Question

As per the Code of Civil Procedure, 1908, a decree \(\textit{ex parte}\) can be set aside against a defendant if:
I. summons was not duly served. 
II. defendant was prevented by sufficient cause from appearing when suit was called on. 
III. there was irregularity in summons though defendant had notice of hearing date. 
IV. without notice being served on the opposite party. 
Select the correct answer.

• A. I and II
• B. II and III
• C. I and IV
• D. I, II, III and IV

Hint:

Order IX Rule 13 → Only two grounds: no service OR sufficient cause.

Answer 1

The Correct Option is A

Step 1: Apply Order IX Rule 13 CPC.
An \textit{ex parte} decree may be set aside if summons was not duly served OR defendant had sufficient cause for non-appearance.
Step 2: Analyse each statement.
I – Correct (improper service).
II – Correct (sufficient cause).
III – Incorrect: Minor irregularity is not enough if defendant had actual notice.
IV – Incorrect: Notice to plaintiff (opposite party) is essential for an application to set aside decree.
Step 3: Conclusion.
Only statements I and II are grounds for setting aside an \textit{ex parte} decree.