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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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.