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How to get the ex parte decree set aside
30-Jul-2023 (In Civil Law)
Execution has been filed on an ex parte decree passed by a patiala house court . need help and advice on how to set it aside .
File application before the court to stay the execution of ex party decree as intrim prayer and application for set aside of ex party decree. And if court allows the applications than the case be heard on merits.
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Adv. Sagar Kothari
Delhi | 25+ Answers
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What does uncontested -- decided ex parte mean?
The defendant/respondent appears before the court and files a reply. (Written statement. Uncontested: There are many situations that lead to the case being uncontested. Uncontested is usually a high court order. In the trial courts, it is called Ex parte order.
What grounds an ex parte decree can be set aside?
First, the non-party can apply under Rule 13 of Order 9 for the setting aside of the ex-parte order on the grounds that it is he who will be affected by the decree and the execution will be brought to him. The Court will, if it is satisfied with such non-partys reasoning, set aside the ex parte decree. 16-Mar-2023
What is the next step after ex parte order?
The ex parte order becomes permanent without testimony if the respondent does not contest it. A trial will take place if the respondent shows up and objects to an order. Both you and the respondent must testify and provide evidence.
How do I cancel my ex parte decree?
Order 9 Rule 13: Application to set aside ex parte decree
You can appeal against the decision under Section 96(2) CPC.
Submit a revision in accordance with section 115 CPC.
Request for review under Order 47 Rule 1.
You have not mentioned the complete facts of case that why this case become ex-parte however you have remedy under order nine rule 13 to set aside the ex-parte decree but it depends on facts and circumstances of each case.
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Adv. Avnish Sharma
Delhi | 25+ Answers
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You have to file an application for setting aside the decree and also you have to move appropriate application seeking stay if the execution proceedings. In setting aside you have to show some grounds justifying your absence during the trial.
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Adv. Daman Popli
Delhi | 25+ Answers
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You will need to file an application to set aside the ex parte decree. There are certain grounds on which an ex parte decree can be set aside. This depends on why the decree was passed ex parte. You will also need to contest the execution proceedings.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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