Setting Aside Ex Parte Decree – Order IX Rule 13 CPC

What is an Ex Parte Decree?

An ex parte decree is a judgment passed by the court in the absence of the defendant, when:

• The defendant fails to appear on the date of hearing despite being duly summoned.

• The court proceeds with the case and passes judgment based only on the plaintiff’s side.

Governed by Order IX Rule 6 and can be challenged under Order IX Rule 13.

---

Legal Provision: Order IX Rule 13 CPC

A defendant against whom an ex parte decree has been passed may apply to the court to set aside the decree if:

• Summons was not duly served, or

• There was sufficient cause for non-appearance.

If the court is satisfied, it can set aside the decree and reopen the case.

---

Grounds to Set Aside Ex Parte Decree

---

Time Limit to File Application

• The application must be made within 30 days from the date the defendant:

  • Became aware of the decree, or

  • Was served with notice of its execution

---

Procedure to Set Aside Ex Parte Decree

1. Application filed under Order IX Rule 13

2. Plaintiff is given notice

3. Both parties are heard

4. If court finds valid grounds, it may:

   • Set aside the decree, and

   • Fix a new date for trial

---

When Court Will Not Set Aside Decree

• If the defendant was duly served

• And had no sufficient cause for absence

• Or if the decree has already been partly executed or satisfied

---

Effect of Setting Aside

• The case is reopened

• Both parties are heard on merits

• Trial starts afresh from the stage before the decree

Difference: Setting Aside vs Appeal