RANI CHOUDHURY vs LT. COL. SURAJ JIT CHOUDHURY

The Supreme Court held that the newly added Explanation to Rule 13 of Order IX of the Civil Procedure Code does not bar the maintainability of an application for setting aside an ex-parte decree. The Court clarified that the true nature of a statutory provision must be determined from its content and context, emphasizing that the amendment aimed to simplify procedural law. The Court allowed the appeal, thereby reinstating the respondent husband's right to seek redress against the ex-parte decree despite the prior dismissal of his applications.