Civil Procedure Code, 1908 (V of 1908) Order 9, Rule 13 – Setting aside exparte judgment – Case that she happens to be a resident of Canada and the plaintiff had not given her correct address of that country resultantly, she was never served in that case, as such could not put in appearance when so summoned by the trial Court - There is not much delay in filing the application - The trial Court by analysing the stand taken by the contestants, in support of which they had led evidence, had found sufficient grounds to set aside the exparte judgment and decree - Order upheld.
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