Relevant provision under cpc

sridhar pasumarthy (Querist) 15 July 2024 This query is : Resolved
Respected Experts,

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

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This discussion explores the provisions within the Code of Civil Procedure (CPC) for setting aside ex parte orders, particularly in the context of First Appeals. While Order 9 Rule 7 CPC allows for setting aside ex parte orders in suits, the query specifically asks about similar provisions for First Appeals. The response clarifies that an ex parte decree can typically be challenged via an appeal or by applying under Order IX Rule 13 of the CPC within 30 days.

kavksatyanarayana (Expert) 15 July 2024
When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to apply setting aside the order in terms of Order IX Rule 13 of the Code within 30 days I think.

T. Kalaiselvan, Advocate (Expert) 16 July 2024
To set aside an exparteorder,thepartyagainstwhomthe 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

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