Can ex parte decree be set aside?

Can ex parte decree be set aside?

Order 9 Rule 13 states that while setting aside ex-parte decree, the defendant may apply to the Court by which the decree was passed for an order to set it aside and if the Court is satisfied that the summons were not duly served, or that he was prevented by any sufficient means from appearing when the suit was called …

Can a court set aside its own decree?

A court may review its own decree and set it aside. If a decree is obtained by fraud or granted by a court that has no jurisdiction, succession a decree may doubtless be varied or reversed by a suit brought in a different court.”

When a Court can set aside its own judgment?

The Court in its inherent jurisdiction has the power to set aside its own Judgment or Order made without jurisdiction or if same has been fraudulently obtained. In such circumstance, an appeal for the purpose of having the null judgment or order cannot be said to be necessary. See Bello v. /NEC & 2 Ors.

What is the meaning of set aside in law?

v. to annul or negate a court order or judgment by another court order. Example: a court dismisses a complaint believing the case had been settled. Upon being informed by a lawyer’s motion that the lawsuit was not settled, the judge will issue an order to “set aside” the original dismissal.

What happens when an ex parte decree is set aside?

Effect of Setting Aside an Ex Parte Decree: After an ex parte order is set aside the suit is restored to file and parties are relegated to the position they occupied before the non-appearance of the defendant, and the court will proceed with the suit de novo and decide on merits. [ 20]

Is there a limitation on filing an ex parte decree?

On facts the Supreme Court held that the conditions imposed were too onerous, vague and lack clarity. Limitation on Filing the Application for Setting Aside an Ex Parte Decree Limitation period for filing an application for setting aside an ex parte decree is 30 days from the date of knowledge of the decree.

What is the period of limitation for an application to set aside a decree?

In regard to an application for setting aside an ex parte decree in a suit, the starting point of limitation runs from the date of decree where the summons have been duly served but where the summons was not served then from the time the applicant had the knowledge of the decree.

What are the remedies of Ex parte decree?

As noted explained above, the party against whom an ex parte decree is passed apart from review petition and a suit for setting aside on fraudulent ground has two remedies i.e. application under Order IX Rule 13 or appeal. The party can avail both the remedies simultaneously. In Bhanu Kumar Jain v.

When to file a motion to set aside a decree?

Motion to Set Aside Default, Decree, or Order: This motion is for a party who has defaulted (meaning, the clerk entered a default against the person for not responding to the complaint by the deadline), or anyone who wants a final order undone because the order was obtained by fraud, mistake, misrepresentation, etc.

How to set aside ex parte decree passed in civil suit?

The petition must show the cogent reason for absence because the court may examine the facts stated therein. Its contents are vital for determination of sufficient cause. If the court finds that there was adequate reason for absence, then it shall set aside the ex-parte decree.

Can a court set aside a final order?

Set Aside a Default, Decree, or Order: A person can ask the court to set aside, or “undo,” a default or a final order that was entered if the order is wrong or unjust. Do not file this motion just because you disagree with what the judge ordered.

Can a court set aside a divorce judgment?

When faced with a request to set aside a divorce property judgment, a court will have to balance these interests and look carefully at the reasons for the request.