Exparte decree
kamal
(Querist) 22 February 2012
This query is : Resolved
an exparte decree given by court because defendent neither filed written statement nor appeared in proceedings except putting in first appearance.can decree be set aside if so what conditions defendent has to fulfill.in case it isset aside will the case restart from beginning.
prabhakar singh
(Expert) 22 February 2012
A defendant against whom any ex parte decree
has been passed by the court can move an application under order 9 rule 13 of code of civil procedure with in 30days from the date of knowledge of such decree and in case of any delay beyond 30days along with an application under section 5 of Limitation Act to condone such delay showing reasonable cause of delay.
The courts generally allow such applications on costs to opposite party.
After order passed case begins a fresh.
Raj Kumar Makkad
(Expert) 22 February 2012
Though the same is an academic query but still Singh Sab has replied well which I deem fit.
Kiran Kumar
(Expert) 22 February 2012
the relevant provision has been explained above, however the entire set of facts and circumstances are relevant while deciding such an application.
there are set principles to allow or disallow such an application.
Advocate M.Bhadra
(Expert) 22 February 2012
To set-aside the ex-parte decree provision of Civil Procedure Code and Limitation Act has been explained by Advocate Singh,follow as advised.
AAK
(Expert) 24 February 2012
To add further, the defendant must show sufficient cause which precluded him to appear before the court.
