D V K KUMAR 23 September 2017
Dear Experts, can husband file an recall application under section Order 9 Rule 13 r.w.s 151 CPC for set aside Ex-partae decree order passed by Principal Judge, Family Court without listening husband due to husband's non-appearance in court on two dated fixed for written statement of husband ? If, yes please provide format of such application.
Regards
DVK
Adv Radhika Mehta (Advocate) 25 September 2017
Yes, husband can file an Application under Order 9 Rule 13 for setting aside an ex-parte Decree and provide satisfactory reasons for absence. The said Application has to be filed within 30 days from the knowledge of the Decree. If later, it has to be accompanied by an Application for condonation of Delay.
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