Rent
manish gupta
(Querist) 25 May 2016
This query is : Resolved
DEAR ALL
I HAVE OBTAINED THE FINAL DECREE IN RENT SUIT CAN THE SAME COURT CANCEL IT OR THE SAID COURT HAVING JURISDICTION FOR DO THIS
Dr J C Vashista
(Expert) 26 May 2016
Any order passed/suit decreed by a competent court can be cancelled/set aside except where the defendant was not served.
However, the defendant can file an appeal against the decree in higher court where the decree can be set aside.
manish gupta
(Querist) 26 May 2016
dear dr. vashista
can a decree be cancelled by its trail court and if so then which provision of cpc or defendant should file appeal
dev kapoor
(Expert) 26 May 2016
Hi
No court can sit as an appellate court on its own orders/judgments.A decree passed ex parts can however be set aside by same court provided 'sufficient cause'is shown defendant /JUDGMENT DEBTOR.
P. Venu
(Expert) 26 May 2016
you are , I am afraid, not posting the complete and relevant facts.
Rajendra K Goyal
(Expert) 26 May 2016
Casual query may not solve the problem, it is better, state material facts and / or discuss with some senior lawyer in the field for guidance.
Dr J C Vashista
(Expert) 27 May 2016
Read Order IX Rule 13 of the Code of Civil Procedure, 1908.
RAVI K GOUD
(Expert) 27 May 2016
Your query is incomplete, and the same may be presumed as the final decree after completion of Trial and arguments, in such a case the decree can not be cancelled by the same court.
But U/ Ord. IX Rule 13 the decree can be set aside or cancelled if it is passed for the non-appearance of the defendant, its called Ex-Parte Decree.
As the expert Mr. Dev Kapoor said It can be set aside by filing an application by the defendant requesting to set aside otherwise the same court can not cancel the final decree. The only option remains with the defendant is to go for an appeal.
