Setting Aside Ex Parte Decree

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Ex Parte Decree is a decree that is passed in the absence of defendant. When after given repeated opportunities  the defendant  or his advocate fails to present written statement, the Court can pass an order and decree. The same would be considered as ex parte decree.

In any case, where which a ex parte decree has been passed against a defendant, he/she can make an application to the Court by which the decree was passed for an order to set it aside; and if  he convinces the Court that the summons were not properly served, or there was any good cause enough to prevent him from appearing at the time of suit hearing, the Court shall make an order to set aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it deems necessary, and shall fix a day to initiate proceeding with the suit.

Provided that in case the decree passed is of such a type that it can’t be set aside against such defendant who made application, then it can be set aside either against all of defendants or any of such defendants.

Provided further that no decree passed ex parte shall be set aside merely on the ground of any irregularity in summon service, if the Court is satisfied for reason to be accorded, that the defendant was aware of the date of hearing and had ample time for appearing on that date.