https://www.taxtmi.com/caselaws?id=304136 Order XXXVII Rule 4 requires a defendant seeking to set aside an ex parte decree to show both special circumstances for non-appearance and facts, by affidavit or otherwise, sufficient to justify leave to defend; special circumstances alone are insufficient where no defence is disclosed, so refusal to set aside the decree was upheld. Under Section 34 CPC, the interest component may be moderated where the liability does not arise from a commercial transaction and the rate is found excessive on the facts; the decree was therefore modified by reducing interest to a reasonable rate. en-us Fri, 28 Mar 2003 00:00:00 +0530 Fri, 09 Sep 2022 13:01:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304136 Order XXXVII Rule 4 requires a defendant seeking to set aside an ex parte decree to show both special circumstances for non-appearance and facts, by affidavit or otherwise, sufficient to justify leave to defend; special circumstances alone are insufficient where no defence is disclosed, so refusal to set aside the decree was upheld. Under Section 34 CPC, the interest component may be moderated where the liability does not arise from a commercial transaction and the rate is found excessive on the facts; the decree was therefore modified by reducing interest to a reasonable rate. Case-Laws Indian Laws Fri, 28 Mar 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304136