Ex Parte Decree -- Limitation Where Party Had Appeared -- Presumption of knowledge of decree arises on party proceeded ex parte after appearance
(i) Civil Procedure Code, 1908, O.9 R.13 -- Ex Parte Decree -- Limitation Where Party Had Appeared -- A party who has appeared in a suit and is thereafter proceeded against ex parte is presumed to have knowledge of the judgment and decree. Such a party cannot seek to compute limitation from a later date on which he claims to have been informed in writing of the judgment and decree. (ii) Civil Procedure Code, 1908, S.114, O.47 R.1 -- Review -- Not a Re-Argument of Points Already Decided -- A review petition cannot be an attempt to re-argue points that were already argued and decided in the writ petition.
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