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Civil procedure – Decree by default – Reduction of decree. Court of Session: Granting decree of absolvitor in an action in which the pursuers sought reduction of a decree by default granted by the sheriff at Glasgow at the instance of the defenders, the court was satisfied that the pursuers required to aver and prove that there were exceptional circumstances in the case and, in addition, that substantial justice required that they be granted the remedy they sought, however it was not satisfied that the circumstances could properly be described as exceptional and the action was therefore incompetent and irrelevant.
Civil procedure – Decree by default – Reduction of decree. Court of Session: Granting decree of absolvitor in an action in which the pursuers sought reduction of a decree by default granted by the sheriff at Glasgow at the instance of the defenders, the court was satisfied that the pursuers required to aver and prove that there were exceptional circumstances in the case and, in addition, that substantial justice required that they be granted the remedy they sought, however it was not satisfied that the circumstances could properly be described as exceptional and the action was therefore incompetent and irrelevant.
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