Sufficient cause to set aside an ex parte decree is a
Question and options
Sufficient cause to set aside an ex parte decree is a
- question of fact
- question of Law
- Both a question of fact and a question of law
- None of the given options is correct
Answer and explanation
Correct answer: A - question of fact
Whether a defendant had sufficient cause for not appearing when the suit was called for hearing, so that an ex parte decree should be set aside under Order IX, rule 13 of the Code of Civil Procedure, 1908, depends on the facts and circumstances of each case. It is therefore a question of fact, not a fixed rule of law, and courts read 'sufficient cause' liberally to advance substantial justice.
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