Full Name		Full Name is required
Email ID		Email ID required Invalid Email is ID
(this email-id will be treated as your User ID also)
Address
City		City required
Mobile No		Mobile No is required Invalid Mobile No
	* Mobile No is required for verification of identity

Head Note

The Code of Civil Procedure, 1908  - Order XXXVII Rule (4)

Summary Suit - Ex parte Decree - Setting aside of - Defendant gave two cheques for Rs.3 lacs towards purchase price of Plot which were dishonoured inspite of plaintiff having executed the requisite documents and handed over peaceful vacant possession of the plot in question - Though the summons were duly served on the wife of the appellant, trial Court passed the ex-parte decree - Defence of the appellant that the plot in question did not belong to vendor but to someone else - Thus, the appellant did not get possession of the plot and the cheques in question could not be taken to be in discharge of any liability - The transaction was without any lawful consideration and was void - Debatable questions arise for consideration - If leave to appeal is not granted, there will be perpetuation of injustice to the appellant by making him to suffer the decree in respect of a transaction without any consideration - Held that it will be in the interests of justice that the ex-parte decree is set aside but the interest of the plaintiff is safeguarded by the deposit of the amount in question by the defendant as a condition precedent for setting aside the decree.

Topic(s)-Ex parte Decree - Decree set aside subject to conditions