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How to Set Aside Ex Parte Judgment: Legal Guide
An ex parte judgment occurs when a court proceeds with a case in the absence of one party, typically the defendant, and passes a decree without hearing their side. This can happen due to non-appearance, improper service of summons, or other procedural lapses. If you're facing such a situation, understanding how to set aside ex parte judgment is crucial to protect your rights and ensure a fair trial. This guide draws from Indian judicial precedents to outline the process, grounds, and key considerations under the Code of Civil Procedure (CPC), 1908.
Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for your case, as outcomes depend on individual facts.
What is an Ex Parte Judgment?
Under Order IX Rule 13 of CPC, an ex parte decree is passed when the defendant fails to appear despite proper service of summons. However, courts emphasize natural justice—audi alteram partem (hear the other side)—as a fundamental principle. As held in various cases, a fair opportunity of being heard following order impounding passport would satisfy mandate of natural justice [
Search Results for "How to Set Aside Ex Parte Judgment: Legal Guide"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
feel that the said observations made in the impugned judgment are unwarranted and the historical anecdote is out of context and inappropriate ... step in quashing the First Information Report - Order accordingly. ... We are afraid if such a view is to be judicially accepted and approved, then it will be tantamount to laying down an alarming proposition ... Consequently, we set aside that part of the judgment of the High Court quashing the First Information Report. .......
1978 0 Supreme(SC) 29 • India - Supreme Court
P. S. KAILASAM, S. MURTAZA FAZAL ALI, V. R. KRISHNA IYER, Y. V. CHANDRACHUD, N. L. UNTWALIA, M. H. BEG, P. N. BHAGWATI
impound passport without giving any prior opportunity to the person concerned to be heard but as soon as the order impounding the ... that of the passport authority - reasons for impounding passport should be furnished to the person concerned - order impounding ... ... -held, a fair opportunity of being heard following order impounding ... On July 8, 1977 the petitioner prayed for an ex parte ad interim order staying the operation ....
1977 0 Supreme(SC) 350 • India - Supreme Court
M. H. BEG, P. K. GOSWAMI, P. N. BHAGWATI, P. N. SHINGHAL, V. R. KRISHNA IYER
jurisdiction to undo illegality and injustice and do complete justice within the parameters set by the existing law, as held in ... ... -held, Commission is competent in appropriate case to order repoll ... It will not be without remedy to question every step of election process and every order passed in the process including countermanding ... But still the order is made ex parte without hearing them. It is a prima facie decision.....
1969 0 Supreme(SC) 213 • India - Supreme Court
K. S. HEGDE, M. HIDAYATULLAH, J. M. SHELAT, A. N. GROVER, V. BHARGAVA
Natural justice principle apply also to exercise of administrative power. ... OPINION OF COURT WAS THAT THE RULES OF NATURAL JUSTICE HAD NO APPLICATION UNLESS THE LAW UNDER WHICH AUTHORITY FUNCTIONED REQUIRED IT TO ... In the course of his judgment Lord Parker, C. ... Manchester Legal Aid Committee Ex parte R.A. Brand and Co. ... Postmaster-General; Ex parte Carmichael, 1928-1 KB 291 and Rex v.
2014 8 Supreme 225 • India - Supreme Court
RANJAN GOGOI, ROHINTON FALI NARIMAN
Impugned judgment not sustainable. ... judgment of the Single Judge and negative these claims. ... ... The Division Bench in an appeal has stepped in to set aside the ... The appeal is, therefore, allowed and the judgment of the Division Bench is set aside. ... The Division Bench in an appeal under Section 37 of the Arbitration Act, 1996 has stepped in to set aside the judgment ....
2011 0 Supreme(P&H) 1008 • India - Punjab and Haryana
RAM CHAND GUPTA
accepting the application to set aside the ex parte judgment and decree. ... to set aside ex parte judgment and decree for divorce under Section 13 of the Hindu Marriage Act - Section 13 of the Act - Order ... The respondent-wife filed an application under Order 9 Rule 13 of the Code to set aside the #HL_STAR....
2024 Supreme(Online)(MAD) 42525 • India - High Court of Madras
A.D.JAGADISH CHANDIRA, J
(A) Constitution of India - Article 227 - Civil revision petition seeking to set aside ex-parte judgment and decree - The petitioners ... ... ... Findings of Court: ... The court set aside the ex-parte judgment and restored the suit, allowing the petitioners to be impleaded ... (Paras 2-8) ... ... (B) Ex-parte Decree - The court emphasized....
2010 0 Supreme(MP) 693 • India - Madhya Pradesh
A.M.NAIK
service of summons -- trial Court rightly set aside ex parte judgment and decree. ... ex parte judgment and decree of divorce -- trial Court was not required to go into the question of validity of marriage -- no effective ... ex parte judgment and decree of divorce was submitted before establishment of the Family Courts -- need not be transferr....
2023 0 Supreme(Telangana) 394 • India - Telangana
G. ANUPAMA CHAKRAVARTHY
aside ex-parte judgment and decree by giving opportunity to both parties to adduce evidence and trial Court ought to have decided ... Plaintiffs for declaration of title and perpetual injunction restraining – Held, Court is of opinion that trial Court ought to have set ... of attorney holder and also considering sale deed which has been registered subsequent to death of father of plaintiff No.1 in order ... ex-parte judgme....
2025 0 Supreme(Cal) 986 • India - IN THE HIGH COURT AT CALCUTTA
DINESH KUMAR SHARMA
of Learned Trial Court set aside ex parte judgment and decree for lack of jurisdiction, restoring possession to petitioners. ... (Paras 23, 26) ... ... Result: Petition allowed, ex parte decree set aside. ... (Paras 1, 6) ... ... Findings of Court: ... The ex parte decree was erroneous as jurisdiction was ... It is pertinent to mention her....
2022 0 Supreme(SC) 600 • India - Supreme Court
M. R. SHAH, B. V. NAGARATHNA
Thereby the High Court has set aside the order passed by the First Appellate Court setting aside the ex-parte judgment and decree. ... The First Appellate Court allowed the said appeal by setting aside the order passed by the learned Trial Court dismissing the application to set aside the ex-parte judgment and decree. ... By the impugned judgment and order and without considering and/or observing ....
2021 0 Supreme(Cal) 254 • India - Calcutta
BISWAJIT BASU
The learned Judge, 4 th Bench, City Civil Court at Calcutta by the impugned judgment and order dated February 17, 2020 has allowed the said appeal thereby set aside the judgment and order of the learned Trial Judge and after setting aside the ex-parte decree has restored the said suit to its original ... JUDGMENTBiswajit Basu, J. - Whether an ex-parte decree passed on the failure of the defendant to file written statement within the time fixed under ....
2024 0 Supreme(AP) 1207 • India - Andhra Pradesh
RAVI NATH TILHARI, NYAPATHY VIJAY
In that case no sufficient cause was made out to set aside the ex-parte decree.8. ... 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 than no Court shall set aside a decree passed ex-parte merely ... Under Order 9 Rule 13 CPC, it is evident that an ex-parte#....
• India - Current Civil Cases
BISWAJIT BASU
The learned Judge, 4th Bench, City Civil Court at Calcutta by the impugned judgment and order dated February 17, 2020 has allowed the said appeal thereby set aside the judgment and order of the learned Trial Judge and after setting aside the ex-parte decree has restored the said suit to its original ... The Appeal Court below has set aside the said ex-parte decree on the ground that on the date of taking the suit for ex-pa....
2025 Supreme(Online)(Ker) 56372 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
/law/10444">Code of Civil Procedure , seeking to set aside the ex parte judgment. ... Hence, there is no necessity to impose any condition for depositing any part of the decretal amount when the ex parte judgment itself has been set aside by the trial court.Accordingly, both petitions are allowed in part. ... It is also relevant to note that although the suit is of the year 2022 and the ex parte judgment was pass....
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