Rule 4 of CPC : Rule 4: Power to set aside decree.

Explanation using Example

Example 1:

Scenario: Ramesh, a small business owner in Mumbai, was sued by a supplier for non-payment of dues. The court issued a decree against Ramesh because he did not appear in court to defend himself. Ramesh later discovered that the court summons was sent to an incorrect address, and he was unaware of the lawsuit.

Application of Rule 4: Ramesh can file an application under Rule 4 of Order XXXVII of the Code of Civil Procedure, 1908, requesting the court to set aside the decree. He can argue that he did not receive the summons due to the incorrect address and that he has a valid defense against the supplier's claim. If the court ...

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