Decree, whether ex parte decree or passed on merits - Suit posted for evidence Counsel for defendant not present - Defendant - Though present not able to participate - Evidence closed and suit adjourned for judgement - Decree passed is ex parte decree.

Citation

AIR 1993 MADRAS 21

MADRAS HIGH COURT (Principal Seat at MADRAS) SWAMIDURAI, J.

Civil Miscellaneous Appeal No. 473 of 1992, D/-16-9 - 1992

Kamakshi v. Jugraj Jain

Civil P.C. (5 of 1908), 0.17 R.2, 0.17 R.3, 0.9 R.13 -

(as inserted in 1976) - Decree, whether ex parte decree or passed on merits - Suit posted for evidence Counsel for defendant not present - Defendant, a widow having no legal knowledge - Though present not able to participate - Evidence closed and suit adjourned for judgement - Decree passed is ex parte decree under 0.17, R.2 - Application to set aside filed under 0.9, R.13, is maintainable.

(Para 12)