Question

Directions: The following question consists of two statements, one labelled as Assertion (A) and the other labelled as Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason (R) is a correct explanation of the Assertion (A).
Assertion (A): An ex parte decree may be set aside if the defendant satisfies the court that he was prevented by sufficient cause from appearing when the suit was called for hearing.
Reason (R): Under Order IX Rule 13 of the Code of Civil Procedure, 1908, the court must be satisfied that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing when the suit was called for hearing.

• A. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
• B. (A) is true, but (R) is false.
• C. (A) is false, but (R) is true.
• D. Both (A) and (R) are true and (R) is the correct explanation of (A).

Hint:

Under Order IX Rule 13 CPC, the court acts on two main grounds: "Non-service of summons" OR "Sufficient cause for absence." If either is proven, the ex parte decree can be set aside.

Answer 1

The Correct Option is D

Step 1: Understand the format.
We have an Assertion (A) and a Reason (R). We must check if both are true, and if R correctly explains A.

Step 2: Read the Assertion.
A says an ex parte decree (a decree passed when the defendant did not appear) can be set aside if the defendant shows he had a good enough reason for not appearing. This is correct law.

Step 3: Read the Reason.
R says that under Order IX Rule 13 of the Code of Civil Procedure, 1908, the court must be satisfied either that the summons was not properly served, or that the defendant was kept away by sufficient cause. This is also correct.

Step 4: See if R explains A.
A states the ground (sufficient cause). R gives the exact rule and conditions, including sufficient cause, that allow setting aside the decree. So R supplies the legal basis for A. That means R correctly explains A.

Step 5: Pick the matching option.
Both A and R are true, and R is the correct explanation of A. The options that say one is false, or that R does not explain A, are wrong.

Step 6: State the answer.
Both are true and R explains A.
\[ \boxed{\text{Both (A) and (R) are true and (R) is the correct explanation of (A).}} \]