Ex parte decree

BHARTI KOTHARI (Querist) 30 September 2015 This query is : Resolved
Hello
Experts.
I filled summary suit and same was decreed ex-parte. I have also filled affidavit of service and there was due service. Now the defendant has made application for set aside. the defendant has already insolvent as so many bank has taken out attachment of his various property. even the defendant has given me threatening that I can not execute the decree as he has already out of any thing. now my query is that if he make set aside application can i ask him to disclose his property detail. that is conditional order. can I ask him to deposit some amount. also suggest me some judgement if you have.

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Dr J C Vashista (Expert) 01 October 2015
Setting aside ex-parte decree and its execution are two different phenomenon, you will agree. Is there any valid ground for setting aside the decree, if defendant has properly been served? Contest the application u/o IX R 13 CPC.
Court may be prayed to direct the defendant for disclosing his property details.

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