Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Setting Aside Ex-Parte Decree (Order IX Rule 13 CPC)
Jurisdictional & Appellate Practice Terms
Definition
A procedural application moved by a defendant against whom an ex-parte civil decree was passed, requesting the court to vacate the decree on the ground that the summons was not duly served or that they were prevented by sufficient cause from appearing.
Example
A defendant proves that the court summons was intentionally delivered to an old, incorrect address by the process server in collusion with the plaintiff; the civil court sets aside the ex-parte decree under Order IX Rule 13 CPC.