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Format of an application to set aside a decree passed ex parte

Important points to remember-

An ex parte decree is a decree that is passed by the court in absence of any response from the defendant as per Order 9 Rule 6 of CPC.
As per Order 9 Rule 13, the defendant may apply before the court that passed the decree to set it aside on the following grounds: 

If he satisfies the court that the summons was not duly served 
he was prevented by any other sufficient cause from attending the hearing. For example, bona fide mistake as to the date or hearing, late arrival of train, etc. are sufficient causes for absence of the defendant. Such an application for setting aside may be made within 30 days from the date of decree as per Section 123 of Limitation Act.

IN THE COURT OF CIVIL JUDGE, [[DISTRICT OR PLACE]].

Suit no . . . . . . . . .  of 20. . .

IN THE MATTER OF:

[[Name of the Plaintiff]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Plaintiff]].

Mobile: [[Mobile No. of the Plaintiff]].

Or

M/s ABC Pvt. Ltd.

A Company Incorporated Under the Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri……………………

. . . Plaintiff

Versus

[Name of the Defendant/Respondent]] S/O or D/O or W/o [[Name of the Father/Husband/Guardian]],

aged about . . . . years,

R/O [[Complete address of the Defendant/Respondent]].

Mobile: [[Mobile No. of the Defendant/Respondent]].

Or

M/s XYZ Ltd.

A Company Incorporated Under The Companies Act, 2013

Having Its Registered Office At [[Address as per Registration]],

Through its Director, Shri…………………

. . . Respondent/Defendant

Application under Order IX Rule 13 of CPC, 1908

The respondent/applicant respectfully states as follows : –

  • The Plaintiff filed the above suit which was decreed ex-parte against the applicant on 10/10/2014
  • The applicant came of know of this fact on 15/10/2014, when a demand notice was served on him by the plaintiff for the decretal amount.
  • The plaintiff obtained the decree by suppression of material facts. 
  • The summons in the said case was not served at all on the respondent/applicant.
  • The respondent/applicant could not enter appearance in the said case by reason on non-service of the summons.
  • Relief Claimed: The applicant accordingly prays that the decree passed ex parte on 10/10/2014 against the applicant in the aforementioned case be set aside and the aforementioned case be tried in presence of the applicant.

Date: [[mention the date of filing]]

Place: [[Name of the Place]]

[[Signature of the Respondent/Applicant]]

[[Name of the Respondent/Applicant]]

Through

[[Signature of the Advocate]]

[[Name of the Advocate]]

[[Name of the Law Firm: LawDocs Associates]]

[[Address, e-mail & mobile no. of the Advocate]]

VERIFICATION

Verified at [[Place]] on this [[Date:1st day of January 20…]] that the contents of paras 1 to … of the plaint are true to my knowledge derived from the records of the Plaintiff maintained in the ordinary course of its business, those of paras …. to …. are true on information received and believed to be true and last para is the humble prayer to this Hon’ble Court.

[[Signature of the Respondent/Applicant]]

[[Name of the Respondent/Applicant]]

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