Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Setting Aside Ex-Parte Decree (Order IX Rule 13 CPC)
Civil Procedure & Litigation Mechanics
Definition
A procedural application filed by a defendant against whom an ex-parte decree was passed, requesting the trial court to vacate the decree by showing either that summons was not duly served or that they were prevented by "sufficient cause" from appearing.
Example
A defendant against whom an ex-parte decree was passed in Lucknow files an application under Order IX Rule 13 CPC demonstrating through hospital admission certificates and ICU discharge summaries that they were comatose on the date summons was reportedly delivered.