Sunday, 20 October 2019

Ex-Parte Decision can be set-aside without going into appeal

An ex-parte order can be set-aside by filing an application in the same court within one month of decision. A party is not required to go into appeal or revision of same order unless such remedy is provided in law as the only remedy.

When a decree is passed against several defendants and one of them is proceeded ex-parte, such defendant can also file an application under order IX rule 13 of Code of Civil Procedure for setting aside ex-parte decree against the said defendant.

Such person can also approach the appellate forum for appeal under section 96 of the CPC. In both cases, the time for challenging the said order or decree is only 30 days from the date of decision. For more you can consult

Salman Yousaf Khan (Golra)
Civil Lawyer

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Salman Yousaf Khan
International Lawyer