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Divij   28 April 2025

Setting aside ex-parte

In a commercial suit for recovery. The defendants have recieved the legal notice on whatsapp, they did not turned up for pre-litigation mediation and the plaintiff after obtaining the non starter report filed the suit for recovery, defendants appeared but their W/S was accepted subject to cost, the defendants did not paid the cost and on the very next date of hearing the defendants neither appeared nor paid the cost due to which their W/S was taken off record and they were proceeded ex-parte. 

The ex-parte decree has been passed. 

Defendants were proceeded ex-parte in the month of Nov-2024

Ex-parte decree passed by the court in the minth of march 2025 

What remedies do the defendants have in such scenario? 

 

 



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     28 April 2025

Now since you have got the decree and judgment in your favor even though it is an exparte judgment, you may proceed with the filing of execution petition to execute the court judgment given in your favor as per procedurfres of law.

You can ask your advocate about all such further process. 

P. Venu (Advocate)     28 April 2025

Are you the plaitiff or the defendant? if the plaintiff, file the EP. The plaintiff need not be concerned about the remedies available to the defendants.

R.K Nanda (Advocate)     28 April 2025

 Why You being plaintiff/ decree holder are worried about defendants. You at the earliest file execution petition in court. 

Advocate Bhartesh goyal (advocate)     28 April 2025

Defendant may prefer an appeal  against decree and judgement passed by  court or file petition to set aside ex-parte decree u/order 9 rule 13 CPC.

Dr. J C Vashista (Advocate )     29 April 2025

You have not stated qua your locus standi  in the suit ?

T. Kalaiselvan, Advocate (Advocate)     29 April 2025

What is the Will doing here?

The trial court may not entertain your petition to set aside the exparte judgment because you were set exparte for not complying with the court order to pay the costs for delay in filing the written statement.  The delay to pay the costs can be condoned by high court by filing a revision petition seeking to extend time to pay the costs awarded by trial court to accept the written statement filed belatedly. 

First of all you have to restore the suit only after that you can think about introducing newly discovered evidences to defend your interests in the suit

Isaac Gabriel (Advocate)     30 April 2025

Thwe Ex-Party judgement is enforcable in law in all respects.


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