Judicial Dictionary
Title | Ex parte decree |
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Details |
We are of the view that the Division Bench was justified in allowing the
applications filed by defendant No.1 under Order 9 Rule 13 of the Code and,
in consequence, was justified in setting aside the preliminary decree dated
25.02.2003 passed in O.S. No.131/1999 treating the said decree as "ex parte
decree".
Sub-sections (2)(3) and (4) of section 19 of the Ain is that if a proper application is made by the defendant for setting aside an ex parte decree in accordance with law a right accrues to the defendant to have the ex parte decree set aside. In the present case the only point in issue is whether or not the defendant filed the application for setting aside the ex parte decree within the time stipulated by law. Admittedly miscellaneous case was not filed within 30 days from the date of the decree. Whether or not it was filed within 30 days from the date of knowledge of the ex parte decree is a matter to be decided with the help of evidence, adduced by the parties. It is our considered view that the view taken by the High Court Division that the appellant had knowledge through her constituted attorney is absolutely misconceived since knowledge of any party to the suit is a matter personal to that party. Knowledge can only be ascertained upon taking evidence. There is no evidence on record to indicate that even the attorney was examined to ascertain whether or not this defendant had received notices of the suit. The judgement and order of the High Court Division is hereby set aside. The artha rin miscellaneous case is sent back to the Artha Rin Adalat, First Court, Chittagong, where the appellant (defendant No.8) is to be given an opportunity to prove her knowledge as contemplated in section 19(2)of the Ain by adducing evidence. The Artha Rin Adalat is directed to dispose of the miscellaneous case within four months of receipt of this judgement. .....Dilruba Morshed (Mrs.) =VS= Artha Rin Adalat, (Civil), 2018 (1) [4 LM (AD) 104] ....View Full Judgment When Title Suit (No.46 of 1991) was decreed ex-parte and a suit was filed for setting aside the said ex¬parte decree, the question of rejection of the plaint of the suit did not arise at all. .....Md. Noor Hossain & others =VS= Mahbuba Sarwar & others, (Civil), 2016-[1 LM (AD) 341] ....View Full Judgment
Ex-parte decree –
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