UPHJS2018-1
Pre. Exam

83. A decree passed in a suit under Order 37 of CPC without applying for
leave to defend may be set aside under :
(a) Order 9 Rule 13 of CPC
(b) Older 37 Rule 4 of CPC
(c) Order 37 Rule 7 of CPC
(d) Either (a) or (b) or (c)

Answer and Notes Answer is B

Explanation : Order 37 Rule 4 of CPC provides that the Court may under special circumstances, set aside the decree, and if necessary" stay or set aside execution, and mat give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court
thinks fit.