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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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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