Krishnaiah Krishnsiah 04 August 2025

Set aside decree without set aside petition

dear experts

Can a court set aside the decree without filing a set aside petition? In a case there are 6 defendants one is tahasildar and another is district collector. 4 filed set aside petition and the allowed but tahsildar and district collector not at all filed any set aside petition. What is the status now?

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Quick Summary

This discussion explores whether a court can set aside a decree without a specific 'set aside petition' being filed. The consensus is that official bodies like the Tahsildar and District Collector must also file their own set aside petitions if they wish to challenge an ex-parte order. They are not exempt from the standard legal process, and a fresh petition is required for them to be included in the case.

3 Replies

R.K Nanda (Advocate) 04 August 2025

No is the reply to your question.

Tahsildar and district collector will also have to file set aside petition in court and they are not above the rule of law.

T. Kalaiselvan, Advocate (Advocate) 04 August 2025

The petition filed to set aside the exparte order was filed by other defendants only, hence the other defendants alone would have been brought inside the case, the Tehsildar and the collector have to file the set aside petition if they wish to set aside the exparte orders pased against them.