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Civil procedure – Decree by default – Reduction of decree. Court of Session: In an action in which the pursuers sought reduction of a decree by default of the Court of Session, pronounced in January 2009, reducing a disposition granted in their favour, the court held that having regard to what the pursuers offered to prove it could not be said that they would be bound to fail at proof and it therefore repelled the defender's plea to the relevancy and to dismiss the action and allowed a proof before answer.
Civil procedure – Decree by default – Reduction of decree. Court of Session: In an action in which the pursuers sought reduction of a decree by default of the Court of Session, pronounced in January 2009, reducing a disposition granted in their favour, the court held that having regard to what the pursuers offered to prove it could not be said that they would be bound to fail at proof and it therefore repelled the defender's plea to the relevancy and to dismiss the action and allowed a proof before answer.
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