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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
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 — the first consultation is free.