The question (15 marks)
A defendant fails to appear and an ex parte decree is passed against him. Explain the scheme of Order IX, the remedies open to such a defendant, and how those remedies interact. (15 marks)
MU Module II, heads 2.2 and 2.4
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Of Suits of Civil Procedure Code 1908 and Limitation Act 1963.
Authorities you will need
- Sangram Singh v Election Tribunal, Kotah
- Bhanu Kumar Jain v Archana Kumar
- Limitation Act 1963, Schedule, Article 123
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.