Hansa Jain vs Vinod Kumar Sanghai (D) - CPC - Ex Parte Decree

Code of Civil Procedure, 1908 — Order IX Rule 13 — Setting aside ex parte decree —The Trial court passed the ex parte decree within 33 days of service and before the statutory period for filing a counter-affidavit had lapsed, thereby -SC set aside the ex parte decree, restored the original suit, and directed the transmission of accumulated rent arrears deposited by the tenant to the landlord and observed that reasonable opportunity of hearing ought to be given to the appellant to put forth their defence.