Exparte order

Generally court take lenient view in setting aside ex-parte orders.

Under Order 9 rule 13 of the Civil Procedure Code, 1908 the application cannot be automatically granted and can be allowed only when sufficient cause is made out to set aside the ex­ parte decree, the court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.

The High Court, in its discretion, has to consider the “sufficient cause” in the facts and circumstances of every individual case and in interpreting the said Court has wide discretion.

Hope it clarifies the issues!
Regards
Minakshi Bindhani