Weighing your request
Weighing your request
Quick Answer
An ex-parte decree is final unless set aside. The defendant has 30 days from knowledge of the decree to apply under Order IX Rule 13 CPC for setting aside, on grounds of (i) improper service of summons or (ii) sufficient cause for non-appearance. The court can require costs as a condition of setting aside. Once set aside, the suit is restored and proceeds to trial. Limitation Act Article 123 provides 30 days from the date of decree (or from when the defendant first knew of it).
Statutory reference
Order IX Rule 13 CPC 1908
An ex parte decree is a real decree — executable, attachable, enforceable — so the response clock matters more than the merits. The set-aside application under Order IX Rule 13 CPC must come within 30 days of the decree (or of knowledge of it, where summons was never duly served), and must show sufficient cause for the non-appearance: defective service is the classic ground, which is why the plaintiff's service record — who received the summons, at which address, with what proof — decides most of these applications. Courts routinely impose terms while restoring: costs, deposit of part of the decretal amount, or an undertaking not to seek adjournments. The strategic alternative is a first appeal against the decree itself, and the two routes can run in parallel. For plaintiffs, the lesson is the mirror image: build the service record meticulously, because a decree obtained on shaky substituted service is a decree waiting to be reopened.
Worked example
A Ghaziabad businessman discovers a ₹14 lakh ex parte money decree against him only when the execution notice arrives to attach his shop — the suit summons had gone to a factory address he vacated three years earlier, and 'service' was completed by affixation there. His Order IX Rule 13 application, filed within 30 days of knowledge, annexes the rent deed and electricity records proving the address change predated the suit. The court sets aside the decree on terms — ₹2 lakh deposited in court and costs paid — and the suit is restored to be fought on merits. The deposit stings, but an unchallenged decree at execution stage would have cost the shop.
Related practice areas
Decree passed where the defendant fails to appear despite proper service. Set aside under Order IX Rule 13 CPC if the defendant shows sufficient cause for non-appearance or improper service.
Ex-parte Decree is governed by Order IX Rule 13 CPC 1908. An ex-parte decree is final unless set aside. The defendant has 30 days from knowledge of the decree to apply under Order IX Rule 13 CPC for setting aside, on grounds of (i) improper service of summons or (ii) sufficient cause for non-appearance. The court can require costs as a condition of setting aside. Once set aside, the suit is restored and proceeds to trial. Limitation Act Article 123 provides 30 days from the date of decree (or from when the defendant first knew of it).
Ex-parte Decree falls under Civil Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — your first step is a free case assessment with no obligation.
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