Provisions relating to setting aside of an ex parte decree are laid down in Order 9 Rule 13 of the Civil Procedure Code, which is reproduced at the end of this answer.
As this Rule shows, an ex parte decree can be set aside on any of the following grounds:
(1) If the defendant can satisfy the Court that the summons was not duly served. However, it may be noted that the Court shall not set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if the Court is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim.
(2) If the defendant can satisfy the Court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing.
The ex parte decree can be set aside by the court by which this decree was passed. An application can be made to this Court for setting aside the ex parte decree.
Where such ex parte decree has been confirmed, reversed or modified by a superior court, such application for setting aside such decree can be made in such superior court.
Order 9 Rule 13 of the Civil Procedure Code:
“13. Setting aside decree ex parte against defendant.— In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:
Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim.
Explanation.— Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.”
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