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Dr.Dhawal Mavani   25 June 2017

Order 9 Rule 7 Limitation

Dear Experts, Greetings! Kindly tell me what is the time duration/limitation of filing an application under Order 9 Rule 7of CPC for setting aside the exparte hearings in a family court? Awaiting ur answers! Thanks in advance.


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 5 Replies

Ms.Usha Kapoor (CEO)     25 June 2017

For setting aside exparte decree under order 9 rfule 7 time limit is 30 days  as per Article 123 of LImitation Act.

Advocate Bhartesh goyal (advocate)     25 June 2017

No limitation is prescribed for setting aside ex parte order.Application u/o 9 r 7 of cpc to set aside ex parte order/proceedings can be filed during the course of hearing of suit that is till hearing of final hearing in the suit.
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P. Venu (Advocate)     25 June 2017

Yes, there is no time limit under Rule 7; the time limit of 30 days is relevant when the suit is dismissed for default. 

Dr J C Vashista (Advocate)     25 June 2017

Academic query, read the provision of CPC.

Azhagananth (Lawyer)     25 June 2017

Unless a Exparte decree is passed there is no question of limitation, in any cases. But before the date on which court pronounce the Expate Decree/Judgment application under order 9 Rule 7 can be filed.


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