Ex parte decree

Dear Navin

You can file an application for set a side this exparty decree under Order 9 Rule 13 before the same court and satisfied the Hon'ble Judge to set a side the decree.

what about an appeal?...can there be an appeal against the ex parte decree in the same court?....

I have come across a maintenance case in which set aside application is filed before the same court which passed the exparte decree. I am very sure that the set aside application can be done in the same court for exparte orders. But for exparte decrees i am doubtful...

@nevin sebu - there is no  question of appeal in the same court. If an order is passed on merits it can be challenged in an appellate or superior court. But if the same is passed exparte which is obviously without merits as the other side has not been heard, then it can be set aside in the same court by filing an application which is called set aside application. Likewise if a suit is dismissed for default it is an order of dismissal which is passed not on merits. In this case a restoration application can be filed.

If i am not wrong even exparte decrees can be set aside in the same court and if there is any delay in filing the application , it has to be accompanied by a application to condone the delay. Hope i made it clear....