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Adv Ibrahim Deshmukh - Navi Mu (Advocate)     18 June 2022

Exparte decree in summary suit - appeal period

In a summary suit, the law itself is not allowing the defendant to defend himself unless he obtains leave of the court. It means he s stopped by law from defending himself in summary suit.
Now if the Defendant is not appearing for any reason and exparte decree is passed against him.
Later on the Defendant wants to go in appeal against the exparte decree against him, within how many days he should file appeal from the date of exparte decree? 30 or 90 days or 3 years?


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 3 Replies

Advocate Bhartesh goyal (advocate)     18 June 2022

If the judgement & decree is is to appeal before District judgr then limitation is 30 days anf if appeal is to filr before H.C then limitation period is 90 days from date of  judgement

SHIRISH PAWAR, 7738990900 (Advocate)     18 June 2022

Hello,

The defendant can file an appeal within 30 days from the date of judgment. If he has any valid reason he may approach the high court later on also.

 

Sravika Reddy Kohir   18 June 2022

Hello Adv. Ibrahim Deshmukh, I acknowledge your question. Order XXXVII of CPC provides for summary procedure in suits where the plaintiff seeks to recover debt or liquidate the amount or in suits based on negotiable instruments. In these suits the defendant is not entitled to right to defend the suit he shall apply for leave of the court for the same and it shall be granted only if court is satisfied that there is substantial defence.

Given that an ex-parte decree has been passed against the defendant the following are the remedies available to him:

·        To have an appeal against such decree under section 96(2)

·        To apply for a review under Order XLVII Rule 1

·        To set it aside by making an application to the court that gave such a decree under Order IX Rule 13.

Gauhati University v. Niharalal Bhattacharjee under this case it was held that limitation period for setting aside a decree or an appeal to such a decree is 30 days from the date of decree.

I hope I have answered your question.

Have a good day.


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