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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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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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