Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Limitation runs from date of decree, not from date of knowledge; application beyond statutory period barred
Civil Procedure Code, 1908, O.9 R.13 -- Ex Parte Decree -- Limitation Where Defendant Had Entered Appearance -- Where a defendant has admittedly entered appearance and even moved an application under Order 7 Rule 11 CPC before being proceeded against ex parte, limitation for setting aside the ex parte decree runs from the date of the decree and not from the date of knowledge. An application under Order 9 Rule 13 CPC filed beyond the statutory period is barred by limitation.
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