Ex-perte Order
Chetan
(Querist) 15 September 2010
This query is : Resolved
The Defendant is appeared after getting the information from newspaper about the civil suit, the court had made ex-parte order against the defendant
How to setting aside the ex-parte order ?
What is the time limit to file such application
Pls provide provision and citations ?
Pls guide urgent------------
Kiran Kumar
(Expert) 15 September 2010
Read Order 9 Rule 13 of CPC
Devajyoti Barman
(Expert) 15 September 2010
Yes . That apart you could also prefer First Appeal before the appellate court.
s.subramanian
(Expert) 15 September 2010
If it is exparte order,you file application under Order 9 Rule 7 C.P.C. If an exparte decree has been passed then file it under order 9 rule 13 of C.p.C.The time limit is thirty days.
M/s. Y-not legal services
(Expert) 15 September 2010
yes mr.subramanian is correct. exparte oeder mean you have to file application under Order 9 Rule 7 C.P.C. you may file your petition before the exparte evidence.. evidence made mean court will pass the exparte decree. it has been passed mean then you have to file application under order 9 rule 13 of C.p.C.The time limit is thirty days.
..tom..
G. ARAVINTHAN
(Expert) 16 September 2010
need to file application to setaside the exparte order within 30 days. If an exparte decree is passed, then need to setaside that exparte decree.
If more than 30 days, need to file one more application to condone the delay in setting aside the exparte order/decree
masood ausaf
(Expert) 19 September 2010
M/s S.S. & Tom are right. You have to file Application for setting aside the ex-parte Order/decree. You can also file Application under Section 12(2) CPC as well a Appeal before the higher Court.
