Format of an application to set aside a decree passed ex parte
Important points to remember-
An ex parte decree is a decree that
is passed by the court in absence of any response from the defendant as per Order 9 Rule 6 of CPC.
As per Order 9 Rule 13, the
defendant may apply before the court that passed the decree to set it aside on
the following grounds:
If he satisfies the court that the summons was not
duly served he was prevented by any
other sufficient cause from attending the hearing. For example, bona fide
mistake as to the date or hearing, late arrival of train, etc. are sufficient
causes for absence of the defendant. Such an application for setting aside may
be made within 30 days from the date of decree as per Section 123 of Limitation
Act.
In
the Court of Civil Judge-------Suit No. 1234 / 2009
A.
B. s/o B. C.......................................... Plaintiff
Vs.
M.
N. s/o O. P.......................................... Respondent/Applicant
Application under Order IX Rule 13 of CPC, 1908
The respondent/applicant
respectfully states as follows : -
(1) The
Plaintiff filed the above suit which was decreed ex-parte against the applicant
on
-------
(2) The
applicant came of know of this fact on -----------, when a demand notice was
served on him by the plaintiff for the decretal amount.
(3) The
plaintiff obtained the decree by suppression of material facts.
(4) The
summons in the said case was not served at all on the respondent/applicant.
(4)
The respondent/applicant could not enter
appearance in the said case by reason on non-service of the summons.
(5)
Relief Claimed: The applicant accordingly prays
that the decree passed ex parte on 10/10/2014 against the applicant in the
aforementioned case be set aside and the aforementioned case be tried in
presence of the applicant.
Place: …………………. (Signature
of the applicant)
Date: …………………..
YYY
Advocate for
Respondent/Applicant
Verification
I, M. N. s/o O. P. , do hereby verify that the
contents from paras 1 to 5 are correct and true to the best of my knowledge and
the rest of the contents are based on legal advice, which I believe to be true.
Affirmed at Indore this 4th Day of September 2014.
(Signature)
Respondent/Applicant
Suit No. 1234 / 2009
A. B. s/o B.
C..........................................
Plaintiff
Vs.
M. N. s/o O.
P..........................................
Respondent/Applicant
Application under Order IX Rule 13 of CPC, 1908
The respondent/applicant
respectfully states as follows : -
(1) The
Plaintiff filed the above suit which was decreed ex-parte against the applicant
on
--------.
(2) The
applicant came of know of this fact on -------when a demand notice was served
on him by the plaintiff for the decretal amount.
(3) The
plaintiff obtained the decree by suppression of material facts.
(4) The
summons in the said case was not served at all on the respondent/applicant.
(4)
The respondent/applicant could not enter
appearance in the said case by reason on non-service of the summons.
(5)
Relief Claimed: The applicant accordingly prays
that the decree passed ex parte on 10/10/2009 against the applicant in the
aforementioned case be set aside and the aforementioned case be tried in
presence of the applicant.
Place: ………………….
(Signature of the applicant)
Date: …………………..
YYY
Advocate for
Respondent/Applicant
Verification
I, M. N. s/o O. P. , do hereby verify that the
contents from paras 1 to 5 are correct and true to the best of my knowledge and
the rest of the contents are based on legal advice, which I believe to be true.
Affirmed at Indore this 4th Day of September 2009.
(Signature)
Respondent/Applicant
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