Setting aside Ex-Parte Decree, Order IX Rule 13 CPC 1908

Описание: To set aside an ex parte decree in Pakistan, a defendant can file an application under Order 9 Rule 13 of the Code of Civil Procedure (CPC). This application must demonstrate that the summons were not duly served or that the defendant was prevented by a sufficient cause from appearing in court. Alternatively, an appeal can be filed under Section 96(2) of the CPC. The application must be filed within the prescribed limitation period, usually 30 days from the date the defendant has knowledge of the decree under Article 164 of the Limitation Act.
Grounds for Setting Aside an Ex Parte Decree
The defendant must prove one of the following:
Lack of Due Service of Summons: The court summons were never properly served on the defendant.
Sufficient Cause for Non-Appearance: The defendant was prevented by a sufficient cause from appearing when the suit was called for hearing. This "sufficient cause" must be similar to the other grounds, often involving circumstances that prevented attendance.
Procedure to Set Aside an Ex Parte Decree
Application under Order 9 Rule 13 CPC: The defendant files an application to the court that passed the ex parte decree.
Terms and Conditions: The court may set aside the decree on terms it deems fit, such as payment of costs.
Appointment of Hearing Date: The court will then appoint a new date for the case to proceed.
Alternative Remedy: Appeal
An appeal can also be filed under Section 96(2) of the CPC against the ex parte decree.
Limitation Period
An application for setting aside an ex parte decree should be filed within 30 days from the date of the decree when the summons were not duly served, according to Article 164 of the Limitation Act.
If there was no due service and the application is filed after the 30-day period, the court may still consider the case if the defendant can provide a valid reason for the delay