Introduction
Order 9 Rule 13 of the Code of Civil Procedure (CPC) provides a crucial
avenue for defendants who have been adversely affected by an ex-parte decree.
An ex-parte decree is a judgment passed in the absence of a defendant, often
due to their non-appearance in court. This rule offers a mechanism for such
defendants to seek relief if they have a valid reason for their absence and can
demonstrate a meritorious defense to the suit. By understanding the conditions,
procedures, and considerations involved in setting aside an ex-parte decree,
defendants can protect their legal rights and ensure a fair hearing of their case.
Understanding Order 9 Rule 13 CPC
Order 9 Rule 13 of the Code of Civil Procedure (CPC) provides a procedural
remedy to defendants who have been adversely affected by an ex-parte decree.
An ex-parte decree is passed when a court, upon finding that a defendant has
failed to appear or contest the suit despite proper notice, proceeds to adjudicate
the matter in their absence. This rule offers a mechanism for such defendants to
seek relief if they have a valid reason for their non-appearance and can
demonstrate a meritorious defense to the suit.
Conditions for Setting Aside an Ex-Parte Decree
To successfully set aside an ex-parte decree under Order 9 Rule 13 CPC, the
defendant must satisfy the following conditions:
1. Sufficient Cause: The defendant must establish a "sufficient cause" for
their absence from the court proceedings. This could include
circumstances beyond their control, such as illness, accident, or
unforeseen events. The court will assess the reasonableness and validity
of the reasons provided.
2. Meritorious Defense: The defendant must demonstrate a genuine and
substantial defense to the plaintiff's claim. This means that they must
present evidence or arguments that could potentially defeat the plaintiff's
case if heard and considered by the court.
3. Timely Application: The application to set aside the decree must be filed
within a reasonable time from the date the defendant becomes aware of
the decree. The court may consider factors such as the nature of the case,
the delay involved, and the prejudice caused to the plaintiff in
determining whether the application is timely.
Steps Involved in Filing an Application
1. Obtain a Copy of the Decree: The defendant must first acquire a
certified copy of the ex-parte decree from the court.
2. Draft the Application: The application should be prepared on stamped
paper and should clearly state the following:
o The name of the court
o The suit number
o The names of the parties
o The date of the ex-parte decree
o The reasons for the defendant's absence
o The defendant's defense to the suit
o A prayer for the relief sought, which is to set aside the ex-parte
decree and allow the defendant to defend the suit.
3. Attach Supporting Documents: The defendant should attach any
relevant documents, such as medical certificates, affidavits, or other
evidence to support their claim of sufficient cause and meritorious
defense.
4. File the Application: The completed application should be filed with the
court along with the requisite court fees.
Court Proceedings
Once the application is filed, the court will typically issue a notice to the
plaintiff to respond to the defendant's request. The plaintiff may then file a
counter-affidavit or other evidence to oppose the application.
The court will then consider the arguments and evidence presented by both
parties and decide whether to grant the application. If the court finds that the
defendant has satisfied the conditions for setting aside the ex-parte decree, it
may order that the decree be set aside and allow the defendant to defend the suit
on its merits.
Important Considerations
Timeliness: It is crucial to file the application to set aside the ex-parte
decree within a reasonable time. Delaying the application may weaken
the defendant's chances of success.
Meritorious Defense: The defendant must present a strong and
convincing defense to the suit. A weak defense may not be sufficient to
persuade the court to set aside the decree.
Supporting Evidence: It is essential to provide adequate supporting
documents to substantiate the defendant's claims of sufficient cause and
meritorious defense.
Sample Application
*IN THE COURT OF [RELEVANT COURT NAME] *
*[CASE NUMBER] *
*[YOUR NAME] *
*[YOUR ADDRESS] *
*[CITY, STATE, ZIP CODE] *
*[CONTACT NUMBER] *
*APPLICANT*
*VERSUS*
*[RESPONDENT NAME]*
*[RESPONDENT ADDRESS]*
*[CITY, STATE, ZIP CODE]*
*RESPONDENT*
*APPLICATION UNDER ORDER 9 RULE 13 OF CPC FOR SETTING
ASIDE EX PARTE DECREE*
*RESPECTFULLY SHOWETH: *
I, [Defendant's Name], residing at [Address], do hereby respectfully submit this
application for setting aside the ex-parte decree passed against me in the above-
mentioned suit.
[Statement of facts, including reasons for absence i.e.
*Grounds for Setting Aside*:
a. *Lack of Notice*: The Applicant did not receive notice of the proceedings,
which constitutes a violation of the principles of natural justice.
b. *Meritorious Defense*: The Applicant has a valid and substantial defense
against the claims made by the Respondent, which deserves consideration.
c. *Interest of Justice*: Allowing the Applicant to contest the matter will serve
the interests of justice and prevent undue hardship.]
I humbly request this Hon'ble Court to set aside the ex-parte decree passed
against me, as it was obtained due to sufficient cause. I am ready to defend the
suit and present my evidence.
6. *Prayer*: In view of the above, the Applicant respectfully prays that this
Honorable Court may:
a. Set aside the ex parte decree dated [date].
b. Restore the case for hearing on merits.
c. Grant any other relief that the Court deems fit.
*DATED THIS [date] DAY OF [month, year].*
*[SIGNATURE]*
*[YOUR NAME]*
*[APPLICANT’S DESIGNATION, IF ANY]*
*VERIFICATION*
I, [Your Name], hereby declare that the contents of this application are true and
correct to the best of my knowledge and belief.
*DATED THIS [date] DAY OF [month, year].*
*[SIGNATURE]*
*[YOUR NAME]*
[Affidavit attached]
Additional Tips:
Be clear and concise in your presentation.
Provide supporting documents, such as medical certificates or proof of
unawareness, if applicable.
Be prepared to present your defense in court if the application is granted.
By following these guidelines and seeking legal counsel, you can increase your
chances of successfully setting aside an ex-parte decree.
Conclusion
In conclusion, Order 9 Rule 13 CPC provides a valuable remedy for defendants
who have been unfairly impacted by ex-parte decrees. By adhering to the
specified conditions, filing a timely application, and presenting a compelling
defense, defendants can potentially overturn the decree and secure their right to
a just hearing. However, it is essential to act promptly and seek legal guidance
to navigate the complexities of this procedural rule. By understanding and
effectively utilizing Order 9 Rule 13, defendants can safeguard their legal
interests and ensure a fair outcome in their cases.
