In case the defendant is proceeded against ex-parte in a suit under Order XXXVII of CPC, whether it is obligatory for the defendant to move an application for leave to contest alongwith application for setting aside ex-parte proceedings? 2025 LHC 7173
In case the defendant is proceeded against ex-parte in a suit under Order XXXVII of CPC, whether it is obligatory for the defendant to move an application for leave to contest alongwith application for setting aside ex-parte proceedings?
The nutshell of above noted threadbare discussion is that in case a suit under Order XXXVII of CPC is decreed ex-parte, it is not obligatory for the defendant to move an application for leave to contest alongwith application for setting aside ex-parte decree. Such application would only come into play after acceptance of latter application and in case of acceptance of application for setting aside ex-parte decree, the defendant would be obliged to move an application for leave to appear and defend the suit within ten days from the passing of such order or judgment.