Ex-Parte Decree On Being Set Aside Becomes Non-Est And Cannot Be Regarded As Decree Passed By Court Of First Instance [Read Judgment]
Answering the issue as to whether, in a suit for pre-emption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance, the Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.The suit in question was filed by a co-sharer of property seeking to set. Answering the issue as to whether, in a suit for pre-emption, an ex parte decree which is later set aside, can be termed to be the decree of the court of first instance, the Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance. In the trial conducted pursuant to the setting aside of the ex-parte decree, the trial court held that no right of pre-emption was available to the plaintiff in view of the amendment of 1995. Therefore, the issue before the Supreme Court was whether the ex-parte decree passed on 10.04.1990 could be treated as a decree passed by court of first instance.
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