Coomaraswamy v. Marimma – sllr 2001 volume 3 page 312

In the case between Coomaraswamy (Plaintiff/Appellant) and Mariamma (Defendant/Respondent), the issue concerned whether an application made to vacate an ex parte decree, submitted before service of the decree, satisfied the mandatory procedural requirements under the Civil Procedure Code, with specific reference to the submission of a valid proxy and affidavit. It was held that the absence of the defendant’s signature on both the proxy and the affidavit constituted non-compliance with Section 86(3) of the Civil Procedure Code, which prescribes mandatory requirements for setting aside an ex parte decree. The court reaffirmed that strict adherence to statutory requirements is essential and failure to comply invalidates such an application. The decision relied upon a detailed statutory interp