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    Question

    In the case of Rupchand vs  Raghuwanshi 1964, the Supreme Court has held that:

    A ex parte decree can be set aside. Correct Answer Incorrect Answer
    B ex parte decree is not a decree in the true sense as per s. 2(2) of CPC. Correct Answer Incorrect Answer
    C ex parte decree is a decree under s.2 (2). Correct Answer Incorrect Answer
    D Restoration of original suit is an adverse effect of ex parte decree. Correct Answer Incorrect Answer

    Solution

    In this case the Supreme Court held that the effect of setting aside an ex parte decree is that the suit is restored and the court should proceed to decide the suit as it stood before the decree. The ex parte is a decree under s.2(2) of the Code and therefore, an aggrieved party can also file an appeal under section 96(2) of the Code.

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