Application for Ex Parte Order at 2007-2025 Form
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People also ask
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What is the limitation to set aside an ex parte order?
thirty days 'to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte,' and the starting point of limitation given is 'the date of the decree or, where the summons or notice was not duly served, when the applicant had knowledge of the decree.
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What is the limitation for setting aside ex parte proceedings?
While Article 164 prescribes a period of 30 days for an application for setting aside the ex-parte decree from the date of the decree, where the summons were not duly served when applicant has knowledge of the decree, Article 181 prescribes a period of 3 years in an application for which no period of Limitation is ...
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How to set aside an ex parte order?
“When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.
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How do you set aside an ex parte Judgement?
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 aside; and if he satisfies the court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an order ...
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What is ex parte set aside order?
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex- parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.
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What does ex parte motion mean?
In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.
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How do you set aside ex parte proceedings?
Article 164 of the Limitation Act provides 30 days time to the petitioner/defendant to file application for setting aside ex parte decree. These 30 days started from the date of the decree in the instant case because petitioner/ defendant had participated in the proceedings before the trial Court."
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How do I stop ex parte?
You need to challenge the ex parte order in the same court first by filing a petition to set aside that order, depending upon availability of limitation for doing so in consultation with a competent lawyer.
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