Sec.9 hma

a k pandey (Querist) 07 August 2012 This query is : Resolved
Can ex-partee decree in sec.9 h.m.a. be applied to set-aside the decision after 2 years of decree though it has been accepted that respondent has knowledge of said decree.

What is the limitation period for ex-partee decree in sec.9 h.m.a.

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Adv.R.P.Chugh (Expert) 07 August 2012
Any ex parte decree can be set aside if sufficient cause is shown within 30 days of knowledge of decree. However even afterwards if sufficient cause for delay is shown - the delay can be condoned via Section 5 Limitation Act, 1908. Whether the delay in this case would be condoned depends on facts and circumstances.

Guest (Expert) 08 August 2012
The limitation to set aside an ex parte decree is 30 days from the date of knowledge of the decree. Setting aside of an ex parte decree is discretionary on the part of the court which discretion will be exercised keeping in mind the peculiar facts and circumstances of the case.

a k pandey (Querist) 08 August 2012
Even if divorce case is going on under sec.13()1A)(ii) whether sec.9 ex-partee decree can be set-aside?

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