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Setting Aside // Ex-Parte Order (Civil Law)

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Author : Chetan

Posted On 08 September 2010 at 09:02

The Defendant is appeared after getting the information from newspaper about the civil suit, the court had made ex-parte order against the defendant


How to setting aside the ex-parte order ?
What is the time limit to file such application

Pls provide provision and citations ?


Pls guide urgent------------






Expert : Daksh

Posted On 08 September 2010 at 09:45

Chetan,

Immediately file an application u/s 151 of CPC putting up appearance in the matter and praying for setting aside the ex parte order and simultaneously inspect the record of the case for the purposes of knowing the previous service reports. There is no limitation period on the contrary you will be mentioning in the application that previously you/your client has not recieved any process and the fact of pendency of the suit has come to your knowledge through information from newspaper only.

Best Regards
Daksh



Expert : arvind

Posted On 08 September 2010 at 14:47

Please go through Order 9 Rule 7. for exparte order. and Order 9 Rule 13 for setting aside exparte decree.

I think time limit is 30 days of knowledge of the concerned order.



Expert : Thangapandian

Posted On 08 September 2010 at 16:31

its very simple.. first you clear that just exparte order or exparte decree.. its mean, at time and date of appearance if you failed to obey the summnons's order mean defendant name will be called in court hall. then the court will pass order. its first stage of exparte. furtherly its will be posted for exparte evidence.. plaintiff's side exparte evidence made out mean then the court will pass the exparte decree.. this is second stage..if you want set aside the exparte order mean provision is ORDER-9, RULE-7.if you want set aside the exparte DECREE mean provision is ORDER-9, RULE-13.for both provision time limitation is 30 days from the date of exparte decree.. unless you have to file your set aside petition along with section-5 of LIMITATION ACT.



Expert : Thangapandian

Posted On 08 September 2010 at 16:34

in case in your suit, 2 or more than 2 defendants.. and any one defendant got exparte mean you may set aside the order at any time before the disposal of the suit.. no time limit is there..



Expert : Rajeev kulshreshtha

Posted On 08 September 2010 at 17:56

I go with Mr. arvind and the limitation is one month from the date of knowledge of ex party order.



Expert : Uma parameswaran

Posted On 08 September 2010 at 18:39

Yes .It is 30 days.You can file exparte set aside petition.



Expert : ranganathan

Posted On 08 September 2010 at 19:18

For exparte order there is no limitation. It is filed under Or 9 R 7 of CPC. Since the case is pending there is no limitation. But you will have to explain why you have not appeared before the court all along. So file it immediately. For any clarification go through the Or 9 R 7 if it is an exparte order or else Or 9 R 13 if it is exparte decree.



Expert : Devajyoti Barman

Posted On 08 September 2010 at 20:30

Yes within 30 days and under order 9 rule 13 of cpc.



Expert : ADVOCATE DEFENSE.

Posted On 14 September 2010 at 09:45

Mr Tom advocate has put the correct position of law, I will just add that with application for condonation of delay if any you can give reasons and courts are libral to condone delay.



Expert : s.subramanian

Posted On 15 September 2010 at 04:46

I agree with Mr Tom and Mr.Ranganathan.


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