All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

Practice Mode:
63.

As per The Code of Civil Procedure, 1908, a decree ox parte can be set aside against a defendant


I. if he satisfies the Court that the summons was not duly served.

II. if he satisfies the Court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing.

III. if he satisfies the Court that there has been an irregularity in the service of summons despite the fact that defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.

IV. without notice being served on the opposite party.

Select the correct answer.
A: I and II
B: I, II and III
C: I and IV
D: I, II, III and IV

The answer is: A