Application for Setting Aside Ex-Parte Decree (Order 9 Rule 13)
Application to set aside a decree passed ex-parte against the defendant under Order IX Rule 13 CPC. This document belongs to the General category.
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IN THE COURT OF THE [courtName]
Civil Suit No. [suitNo] of 2024
IN THE MATTER OF:
[plaintiffName] ... Plaintiff
VERSUS
[defendantName] ... Defendant
APPLICATION UNDER ORDER IX RULE 13 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SETTING ASIDE THE EX-PARTE DECREE
MOST RESPECTFULLY SHOWETH:
1. That an ex-parte judgment and decree dated [decreeDate] was passed against the Applicant in the present suit.
2. That the Applicant was not served with the summons of the suit.
3. That the Applicant was prevented by sufficient cause from appearing in the court on [date] due to [reason, e.g., illness/lack of knowledge].
4. That the Applicant has a strong case on merits and will suffer irreparable loss if the decree is not set aside.
PRAYER:
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
1. Set aside the ex-parte judgment and decree dated [decreeDate];
2. Allow the Applicant to contest the suit on merits;
3. Pass any other order as this Hon'ble Court may deem fit and proper.
APPLICANT
VERIFICATION:
Verified at [place] on this [date] that the contents of paragraphs 1 to 4 are true to my knowledge and belief.