Order 9 Rule 13, Section 96(2) – Ex-parte Decree: A defendant has three options for contesting an ex-parte decree: filing an application under Order 9 Rule 13 to set aside the decree, appealing against the decree under Section 96(2), or seeking a review of the decree in the same court. 

[SC] CPC O. 39 R. 1 – When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out –  Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only – CPC S. 115

Due to the fault of counsel, litigant should not be made to suffer.

CPC O. 18 R. 17A – Additional evidence – Fixed for rebuttal evidence and arguments – Main plea of the petitioner was that the suit property was ancestral yet he has been thoroughly negligent in pursuing his cause – At this belated stage, in the absence of any issue regarding the nature of the suit property, the petitioner cannot be permitted to lead additional evidence.