Other party shows up after ex parte decision taken what to do now

840 votes

As per Order 9 Rule 13 of CPC, In any case in which a decree is passed ex 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 make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit;
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:
[Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff s claim]
[Explanation.-Where there has been an appeal against a decree passed exparte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

Advocate Siddhant Sharma LawRato

506 votes

Dear sir,

we have readout very carefully, judge ordered for ex party evidence in domestic violence case as the opposite party did not appear after multiple attempts but as soon as the order was written and singed. yadi sir order likh diya hai to sir kuch ni ho sakta hai but yadi order nahi likha gya to judge pe depend hai .

Advocate J. P. Rinwa LawRato

607 votes

Yes its the discretion of the judge, he may set aside the ex parte order or he may issue it. If judge thinks that opossite party has meaningful causes to expain the delay of appearance then he may recall his judgement.

Advocate Suresh Rai LawRato