Setting aside ex-parte decree

Chetan Pardakhe (Querist) 09 August 2012 This query is : Resolved
That in the Civil Suit for eviction and Possession, the bailiff at the first instance affixed the summons at the door of defendants house and the court considered it as a deemed service

Whereas it was not in the knowledge of the defendant The suit proceed further and decided ex-parte and the defendant received the summons of execution proceedings and therefore he acknowledge that the suit is decreed and decided against him and therefore he filed an independent proceeding for setting aside ex-parte decree but meanwhile the decree is executed and the setting aside decree proceedings is pending till today.

My query is if suppose the court set aside the ex-parte decree under such circumstances whether the defendant can get his possession back.
Pls reply along with provisions and case laws.

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adv. rajeev ( rajoo ) (Expert) 09 August 2012
If ex-parte decree is set aside, he has to initiate further proceedings to get back his possession.

Advocate Bhartesh goyal (Expert) 09 August 2012
Yes ,if ex parte decree is set aside by the court then tenant{defendant}is entitled to get possession back.

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