Set Aside Petition Format In Tamil In Bronx
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The standard time limit for an application to set aside an ex-parte order is 30 days from the date of the order or from the date of knowledge of the order if the applicant was not aware of it Abhilash VS Komalan - Kerala (2013)T. S. Subbaiya VS Vengaiyan - Madras (2015).
Order IX Rule 13 of the Civil Procedure Code in India provides a legal mechanism for an aggrieved defendant to seek the setting aside of an ex-parte decree, which is a decree issued in favor of the plaintiff due to the defendant's non-appearance in the proceedings.
The defendant, it will be observed, may apply under Order IX, Rule 13, for an order to set aside the ex-parte judgment at any period between the date of the judgment and the thirtieth day from the date of the decree or where the summons was not duly served, from the date on which he has knowledge of the decree (See ...
“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.
First, is by way of filing an application under Order IX Rule 13 CPC seeking for setting aside ex-parte decree; the second, is by way of filing an appeal against the ex-parte decree under Section 96(2) of the CPC and the third, is by way of review before the same court against the ex-parte decree.
What does Set aside mean? Cancelling a judgment or order or a step taken by a party in the proceedings.
First, is by way of filing an application under Order IX Rule 13 CPC seeking for setting aside ex-parte decree; the second, is by way of filing an appeal against the ex-parte decree under Section 96(2) of the CPC and the third, is by way of review before the same court against the ex-parte decree.
Against ex-parte decree in a suit restoration application may be filed under Order 9 Rule 13 and appeal may also be preferred. Both the remedies may be pursued simultaneously.
Order XXI Rule 106(3) of the CPC: The standard time limit for an application to set aside an ex-parte order is 30 days from the date of the order or from the date of knowledge of the order if the applicant was not aware of it Abhilash VS Komalan - Kerala (2013)T. S. Subbaiya VS Vengaiyan - Madras (2015).