https://www.taxtmi.com/caselaws?id=99614 Article notes that Article 123 of the Limitation Act applies to applications to set aside ex parte decrees or ex parte appeals, and does not bar an application where the proceeding is not a decree. It further explains that, in company proceedings, if an ex parte order rests on an incorrect factual assumption and non-appearance is explained by sufficient cause, the court may set aside the order and direct rehearing. Where Order 9 Rule 13 CPC is not strictly applicable, Section 151 CPC may still be invoked to prevent injustice and restore the matter for decision on merits. en-us Mon, 15 May 1978 00:00:00 +0530 Sat, 28 Jan 2012 11:05:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=99614 Article notes that Article 123 of the Limitation Act applies to applications to set aside ex parte decrees or ex parte appeals, and does not bar an application where the proceeding is not a decree. It further explains that, in company proceedings, if an ex parte order rests on an incorrect factual assumption and non-appearance is explained by sufficient cause, the court may set aside the order and direct rehearing. Where Order 9 Rule 13 CPC is not strictly applicable, Section 151 CPC may still be invoked to prevent injustice and restore the matter for decision on merits. Case-Laws Companies Law Mon, 15 May 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=99614