Judgment and Decree Questions and Answers

Answer: D

Both (A) and (R) are true and (R) is the correct explanation of (A).

The Assertion states the ground on which an ex parte decree can be set aside: the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing. The Reason sets out Order IX Rule 13 of the Code of Civil Procedure, the provision that creates that remedy, under which the court must be satisfied either that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing.

The Assertion is therefore a direct application of the rule in the Reason, and the Reason is why the Assertion is true. The options treating either as false, or the two as unconnected, fail.

Answer: A

The defendant may seek relief by applying for setting aside the ex-parte decree.

Order IX Rule 13 of the Code of Civil Procedure lets a defendant against whom a decree is passed ex parte apply to the court that passed it to set it aside, if he shows that the summons was not duly served or that he was prevented by sufficient cause from appearing. Its proviso deals with a decree against several defendants: where the decree cannot be set aside against one alone, it may be set aside against all or any of them.

An appeal or a review may also be available, but each option saying 'only' wrongly makes that route exclusive, and a separate suit is not the remedy the Code provides.