Time limitation for moving an application under C.P.C by legal representative of deceased plaintiff or defendant for setting aside an order or judgment made or pronounce in his absence is______________?
Correct answer: B. Sixty days, from date of order or judgment
- A. Thirty days, from date of order or judgment
- B. Sixty days, from date of order or judgment
- C. Ninety days, from date of order or judgment
- D. None of above
Explanation
A legal representative seeking to set aside a decree or judgment passed against the deceased in ignorance of the death has 60 days from the date of that decree or judgment. This is a special limitation period, distinct from the ordinary period for setting aside an ex parte decree.
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Civil law governs disputes involving private rights, including contracts, property, family relations, torts and compensation. The subject explains breach of duty, civil liability, damages, specific relief, injunctions and other remedies, while distinguishing private claims between individuals from criminal proceedings brought to punish offences against the state.
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