Principle

CIVIL PROCEDURE — Undefended List — Setting Aside Judgment Obtained Under Undefended List Where Fundamental Defect Exists

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Undefended list judgment is a judgment on the merit. The principle applies to civil procedure. It cannot be set aside under default judgment rules. However, a nullity can be set aside. The rule distinguishes between merit judgments and nullities. The court retains power to set…

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