An exparte decree can be set aside on ground of
Verified Answer
A. Being prevented by any sufficient cause from appearance
B. Non appearance due to non availability of document with the plaint
C. Summon not duly served
D. Both (A) or (C)
Explanation:
Order IX Rule 13 of the Code of Civil Procedure, 1908, provides the grounds for setting aside an ex-parte decree. The defendant must satisfy the court that either the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing. Therefore, both (A) and (C) are valid grounds.