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1. blog.ipleaders.in › order-9-rule-13-cpc-1908Order 9 Rule 13 CPC, 1908 - iPleaders

   blog.ipleaders.in › order-9-rule-13-cpc-1908

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   Aug 25, 2022 · Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.

   • Author: Rachit Garg

2. indiankanoon.org › doc › 177849682Pavan Kumar Nath vs Yashita Mukhi on 17 January, 2022

   indiankanoon.org › doc › 177849682

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   In an application under Order 37, Rule 4, the court has to determine the question, on the facts of each case, as to whether circumstances pleaded are so unusual or extra ordinary as to justify putting the clock back by setting aside the decree; to grant further relief in regard to post-decree matters, namely, staying or setting aside the ...

3. www.pathlegal.in › Dismiss-exparte-set-asideDismiss exparte set aside application in divorce case

   www.pathlegal.in › Dismiss-exparte-set-aside

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   Set Aside Petition 1. Grounds for Setting Aside Ex-Parte Decree: Under Order IX Rule 13 of the Code of Civil Procedure, 1908, an ex-parte decree can be set aside if the defendant (your wife) can prove that she was not duly served with the summons or was prevented by any sufficient cause from appearing when the case was called for hearing. 2.

4. main.sci.gov.in › supremecourt › 2020/689/689_2020REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE ...

   main.sci.gov.in › supremecourt › 2020/689/689_2020

   respondent filed a Divorce Petition on 28.11.2014 under Section 13(1)(ia) and (iii) of Hindu Marriage Act, 1955 for decree of divorce on the ground of cruelty against the respondent, Sneha Ahuja which proceeding is said to be still pending. The respondent, Sneha Ahuja, on 20.11.2015, i.e., after filing of the Divorce Petition,

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5. indiankanoon.org › doc › 186830000S.Muthu Narayanan vs Paulraj Naicker on 12 September, 2018

   indiankanoon.org › doc › 186830000

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   11.In the said judgment, after referring to Section 2(2) CPC and Section 2(14) CPC and other provisions, this Court has allowed Civil Miscellaneous Appeal, which was filed against dismissal of the petition filed to set aside the ex-parte decree, on the ground that the judgment and decree passed by the trial Court in the suit is not in ...

6. www.legalserviceindia.com › legal › article-2292-exEx-Parte Decree and Remedies Available - Legal Service India

   www.legalserviceindia.com › legal › article-2292-ex

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   In any case in which a decree is passed parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall ...

7. People also ask

   How can a defendant set aside an ex-parte decree?

   • The civil code provides remedies that a defendant can use to set aside the decree passed by the code and get the opportunity to represent his case. A defendant against whom an ex-parte decree has been issued has the following remedies: Application to set aside the ex-parte decree under Order 9 Rule 13. Suit on the ground of fraud by the plaintiff.

   Order 9 Rule 13 CPC, 1908 - iPleaders

   blog.ipleaders.in/order-9-rule-13-cpc-1908/

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   Can a trial court set aside an ex parte decree?

   • The ex parte decree against the joint tenants is equally binding on all of them. Hence, the trial court set aside the ex parte decree. Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit.

   Order 9 Rule 13 CPC, 1908 - iPleaders

   blog.ipleaders.in/order-9-rule-13-cpc-1908/

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   Can a court pass an ex-parte decree?

   • The court has jurisdiction to pass an ex-parte decree under Order 9 Rule 6 of the CPC. The order states that if the defendant does not appear before the court despite having summons served on him, the court can pass an ex parte decree. But if the summons is not duly served, the court will issue another summons to the defendant.

   Order 9 Rule 13 CPC, 1908 - iPleaders

   blog.ipleaders.in/order-9-rule-13-cpc-1908/

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   Can an order set aside a decree be appealed?

   • An order setting aside the decree on certain terms which is by itself not appealable. An order rejecting an application under Order 9 rule 13 is dismissed on merits; it cannot be attacked under S. 105 before the court hearing an appeal against the decree. Pending proceedings to set aside the decree, execution can be stayed.

   Ex-Parte Decree and Remedies Available - Legal Service India

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8. www.main.sci.gov.in › supremecourt › 2018REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE ...

   www.main.sci.gov.in › supremecourt › 2018

   appellant has taken steps to set aside the ex-parte decree and filed application under Section 5 of the Limitation Act - IA No.327 of 2016 to condone the delay of 276 days in filing the petition under Order