Limitation iin setting aside an exparte decree.
Gopal Krishna Behera
(Querist) 04 June 2009
This query is : Resolved
Is ther any period of limitation for setting aside an exparte decree?
Gopal Krishna Behera
(Querist) 04 June 2009
The period of limitation for the filling of an application to set aside an ex parte decree is 30 days from the date of the passing of the decree, or the date which the applicant had knowledge of the decree when the summoms was not duly served. (Art. 123, Limitation Act,1963. But in the latter case the onus is on the defendant to prove that it was oresented within 30 days of his having knowledge of the decree.
Gopal Krishna Behera
(Querist) 04 June 2009
The rule of procedure prescribed in Order 9,r-13 is, therefore depandant upon and unequivocally connected with Art-123 of the Limitation Act,1963.
No decree shall be set aside on any such application, unless notice thereof has been served on the opposite party.
Y V Vishweshwar Rao
(Expert) 04 June 2009
1- 30 Days in case where the Defednant Appeared in suit and not proceeded to contest the Suit and Suit is decreed exparte
2- 30 Days from the date of knowledge - in case there is no Notice /knowledge of Suit proceedigns & Summons are not served on the Defednant.
dhiraj choudhary
(Expert) 04 June 2009
the limitation period provides for filing an application for setting aside exparte decree is thirty days from the date of knowledge.how ever one can take the benefit of section 5 of the limitation act for filing belated application after showing sufficient reasons for not filing the same wiht in the stipulated period
PALNITKAR V.V.
(Expert) 04 June 2009
Mr Vishweshar rao has given the accurate answer.
Y V Vishweshwar Rao
(Expert) 04 June 2009
I do agree with Mr Dhiraj , if there is delay the same cons be condoned u/s 5 of the limitation act
B.B.R.Goud.
(Expert) 06 June 2009
I do agree with the learned friend's views.
yes. Ther is a period of limitation, as per the provisions of the Law of Limitation, for setting aside an exparte decree.
