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Ex party decree against defendant
9 months ago
Sir, I have a district civil court decree for agriculture land against two defendents A and B . To one of defendant A does not appear throughout the case and ex party order against it. B filed the appeal against the decree. What will happen in this case if the appellate court has given any order against decree. Can we contest that the defendant A share of land still to be awarded to us as per decree because of ex party against him. Thanks
A.Dear client,
Yes, you can contest that the order was passed ex party. However, Order 9, Rule 13 prescribes two grounds for setting aside an ex-parte decree.
That the summons was not duly served, or
That the defendant was prevented by sufficient cause from appearing when the case was called on for hearing.
If either of these conditions is satisfied, the court must set aside the decree and where these conditions are not satisfied the decree cannot be set aside.
Yes, you can contest that the order was passed ex party. However, Order 9, Rule 13 prescribes two grounds for setting aside an ex-parte decree.
That the summons was not duly served, or
That the defendant was prevented by sufficient cause from appearing when the case was called on for hearing.
If either of these conditions is satisfied, the court must set aside the decree and where these conditions are not satisfied the decree cannot be set aside.
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