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sridhar pasumarthy (ADVOCATE)     15 July 2024

Relevant provision under cpc

Respected Members,

As all of you knew that one can seek to set aside exparte order in a suit by invoking Order 9 Rule 7 CPC.

Is there any like provision for setting aside exparte order in First Appeal.

pls respond.  Thanks in advance



Learning

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 July 2024

You put this query 2 times in the experts column and this is 3rd time, what is this?

T. Kalaiselvan, Advocate (Advocate)     16 July 2024

To set aside an ex-parte order, the party against whom the order has been issued must file an application before the court that issued the order. This application is typically made under Order IX Rule 13 of the CPC

sridhar pasumarthy (ADVOCATE)     16 July 2024

Sir,

Due to technical glitch, unknowingly my query was uploaded again.  It is neither voluntary nor intentional.  I am associated with this club for more than a decade.  I have no intention to trouble anybody.  I never acted against the interests or object of this platform.  Pls reply to my query, if you have answer.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     16 July 2024

In first appeals, there are possibilities of setting aside an ex-parte order under certain circumstances. An ex-parte order is a decision made by the court without hearing the other party's perspective. To set aside an ex-parte order in a first appeal, the following grounds can be considered: 1. _Lack of notice_: If the appellant was not served with proper notice of the proceedings. 2. _Sufficient cause_: If the appellant can show a valid reason for not appearing in the lower court. 3. _Jurisdictional error_: If the lower court lacked jurisdiction to pass the ex-parte order. 4. _Error of law_: If the lower court's decision was based on an incorrect interpretation of the law. 5. _New evidence_: If new evidence is produced that could not have been produced in the lower court. 6. _Fraud or misrepresentation_: If the ex-parte order was obtained through fraudulent means or misrepresentation. The appellate court may set aside the ex-parte order and remand the case to the lower court for a fresh hearing if it finds merit in any of these grounds. However, the appellate court's discretion to set aside an ex-parte order is not unlimited, and it will typically only exercise this power in exceptional circumstances. It is important to note that the specific grounds and procedures for setting aside an ex-parte order may vary depending on the jurisdiction and the specific circumstances of the case. It is recommended to consult with a lawyer or legal expert for guidance on the applicable rules and procedures.

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