Ex Parte Decree--Setting Aside of -- Legal Heirs Cannot Seek Setting Aside of Ex Parte Decree Without Establishing Sufficient Cause for Original Defendant's Non-Appearance
Under Order 9 Rule 13 CPC, setting aside an ex parte decree requires the defendant to establish either non-service of summons or sufficient cause for non-appearance. This burden is not discharged merely because legal heirs claim post-death ignorance of the decree.
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