https://www.taxtmi.com/caselaws?id=302906 When proceedings resume after a stay or remand, the Court must communicate the next hearing date to the parties; a litigant is not expected to keep checking the record daily, and mere court register entries do not substitute for notice. On an application to set aside an ex parte decree under Order 9 Rule 13 CPC, the court may examine whether the defendant was in fact duly served and whether any default was wilful. On these facts, there was no reliable proof of knowledge of the hearing date or deliberate neglect, so the ex parte decree was set aside and the suit restored for decision on merits. en-us Tue, 23 Apr 1957 00:00:00 +0530 Thu, 23 Jun 2022 15:48:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302906 When proceedings resume after a stay or remand, the Court must communicate the next hearing date to the parties; a litigant is not expected to keep checking the record daily, and mere court register entries do not substitute for notice. On an application to set aside an ex parte decree under Order 9 Rule 13 CPC, the court may examine whether the defendant was in fact duly served and whether any default was wilful. On these facts, there was no reliable proof of knowledge of the hearing date or deliberate neglect, so the ex parte decree was set aside and the suit restored for decision on merits. Case-Laws Indian Laws Tue, 23 Apr 1957 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302906