AI Overview...
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Ex Parte Decree Becomes Void Upon Being Set Aside
When an ex parte decree is set aside, it generally renders the decree and subsequent acts, such as sales or transfers based on that decree, void or nullified. This is especially true if the decree was obtained through collusion or fraud, or if proper procedures, such as notice to parties, were not followed. Several sources emphasize that once a decree is set aside, any sales or transactions carried out under that decree are considered void, particularly when the decree-holder was responsible for conduct of the suit (e.g., Sree Raja Sobhanadri Appa Row VS Govindaraju Seetaramiah - Madras, Myla Kambaiah VS Velpula Obulesu - Andhra Pradesh, Sumati VS Sudha - Current Civil Cases, T. KALIVALAYAN @ CHINNAKARUPPAN vs S. PARAMESWARI - Madras, SHAHUL HAMEED vs JASSY - Kerala). -
Void vs. Voidable Decrees
The courts distinguish between void and voidable decrees. A void decree is one that is null from the outset due to fundamental procedural lapses, such as non-issuance of notice or lack of proper representation, especially of minors or persons under disability (Sumati VS Sudha - Bombay, M VISHNU MOHAN vs K REMADEVI GAURI NIVAS VISNU VIHAR - Kerala). Voidable decrees, on the other hand, can be validated unless challenged and set aside, as they are not inherently null (Myla Kambaiah VS Velpula Obulesu - Andhra Pradesh, TODHUNTER NAGAR RESIDENTS ASSOCIATION VS S. SELLAPPAN - Madras). -
Implications for Sale and Property Transfer
When an ex parte decree is set aside, any sale of property conducted under that decree, especially if obtained during pendency of an application to set aside, is typically rendered void. This applies particularly when the sale was made by the decree-holder or in execution of a reversed or collusive decree (Sree Raja Sobhanadri Appa Row VS Govindaraju Seetaramiah - Madras, RAMESH CHANDRA PANIGRAHI VS BINAYAK SWAIN - Orissa, SHAHUL HAMEED vs JASSY - Kerala). If the decree is declared void due to procedural irregularities or fraud, the sale deed based on that decree loses its validity. -
Legal Remedies and Court Powers
Courts have the authority to set aside ex parte decrees, especially in cases of collusion or procedural defects, and such decrees are liable to be declared void. The High Court can invoke constitutional powers under Article 227 to set aside collusive or irregular decrees (TODHUNTER NAGAR RESIDENTS ASSOCIATION VS S. SELLAPPAN - Madras, Sumati VS Sudha - Current Civil Cases). When a decree is set aside, all acts dependent on that decree, including sales, are generally invalidated, reinforcing the importance of procedural compliance.
Analysis and Conclusion
The consensus across the sources indicates that once an ex parte decree is set aside—whether due to procedural irregularities, collusion, or fraud—the decree and any acts based on it, such as sales or transfers, become void. The voiding effect hinges on the nature of the decree (void vs. voidable) and procedural adherence, notably proper notice and representation. Courts possess the authority to declare such decrees and related transactions null, safeguarding the integrity of legal proceedings and property rights.
References:
- Sree Raja Sobhanadri Appa Row VS Govindaraju Seetaramiah - Madras, Myla Kambaiah VS Velpula Obulesu - Andhra Pradesh, Sumati VS Sudha - Bombay, Sumati VS Sudha - Bombay, Sumati VS Sudha - Current Civil Cases, RAMESH CHANDRA PANIGRAHI VS BINAYAK SWAIN - Orissa, M VISHNU MOHAN vs K REMADEVI GAURI NIVAS VISNU VIHAR - Kerala, T. KALIVALAYAN @ CHINNAKARUPPAN vs S. PARAMESWARI - Madras, SHAHUL HAMEED vs JASSY - Kerala, TODHUNTER NAGAR RESIDENTS ASSOCIATION VS S. SELLAPPAN - Madras
Search Results for "When the Ex Parte Decree is Set Aside the Decree Becomes Void"
1915 0 Supreme(Mad) 420 • India - Madras
W.AYLING, K.SASTRI
aside, the sale becomes void, especially when the decree-holder was the party having the conduct of the suit. ... of an ex parte decree which was later set aside. ... Finding of the Court: The court found that the sale became void when the ex parte decree was set aside, especially ... We are of opinion that when a decree-holder purchases prop....
1971 0 Supreme(AP) 167 • India - Andhra Pradesh
OBUL REDDI, VENKATESWARA RAO
Fact of the Case: The appellants, judgment-debtors, filed applications to set aside ex parte preliminary and final ... RESTITUTION OF PROPERTY - SALE OF PROPERTY BY DECREE-HOLDER-AUCTION PURCHASER DURING PENDENCY OF APPLICATION FOR SETTING ASIDE ... The court also found that the ex parte decrees were only voidable and not void, and that the sale held under the authority of the ... Bhujanga Rao appearing for the appellants strongly contended that, w....
2019 0 Supreme(Bom) 2264 • India - Bombay
S.M.MODAK
decree becomes void on point of not issuing notice by transferee Court - Held, trial Court only reproduced evidence without making ... any comment - Such judgment cannot be sustained and even for the benefit of plaintiffs - When decree is set aside first Appellate ... decree is passed - Appeal is disposed of. ... During the hearing of the Second Appeal question was raised whether ex-parte decree becomes v....
2019 0 Supreme(Bom) 2565 • India - Bombay
S.M.MODAK
statement - When she went in appeal she partially succeeded before First Appellate Court- Though she was not successful in getting a decree ... Civil procedure code, 1908 - Section 10 - Trial Court decreed the suit - Declaration as to ownership of ... land – Trail Court decreed suit it was for declaration as to ownership of land on basis of adverse possession - Defendant though ... During the hearing of the Second Appeal question was raised whether ex-parte decree becomes voi....
• India - Current Civil Cases
S.M.MODAK
decree. ... (Para 11) (B) Civil Procedure Code, 1908 – Order VIII Rule 10 – Non-filing of written statement – Decree was ... decree is passed – At the same time, certain directions are required to be given to parties to regulate their future conduct before ... During the hearing of the Second Appeal question was raised whether ex-parte decree becomes void on the point of not issuing notice by the transferee Court. It was held against the defendant. ... Whereas in case....
1961 0 Supreme(Ori) 1 • India - Orissa
S.P.MOHAPATRA, J.K.MISRA
Issues: Whether the sale held in execution of the reversed decree was void. ... of the Civil Procedure Code, claiming that the sale held in execution of the reversed decree was void. ... Ratio Decidendi: The court held that the sale was not void because the decree-holder had purchased the properties in execution ... There the purchase by the decree-holder of immoveable properties belonging to the judgment-debtor in execution of an ex parte #HL_STAR....
2010 Supreme(Online)(KER) 35461 • India - High Court of Kerala
S.S.SATHEESACHANDRAN, J
Finding of the Court: The court upheld the validity of the ex parte decree, noting that despite the lack of a properly ... The absence of a properly appointed guardian does not render the decree void unless it can be shown that adverse interests caused ... Issues: Whether a decree against minors, where no proper guardian was appointed, is null and void or voidable, and if it can ... Where a minor has not been properly represented in the suit, he is not entitled to ignore the #HL_STA....
2025 Supreme(Online)(Mad) 57871 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice SATHI KUMAR SUKUMARA KURUP
- Court set aside an ex parte decree for specific performance, declaring it void due to suppression of material facts and collusion ... ... ... Result: The civil revision petition is allowed; the decree and sale deed are set aside as null and void. ... ... ... Issues: The primary issue was whether the Court could set aside an ex parte decree based on allegat....
2012 Supreme(Online)(KER) 47926 • India - High Court of Kerala
K.M.JOSEPH, M.L.JOSEPH FRANCIS, JJ
sale deed due to the setting aside of an ex parte decree. ... status of a sale deed following the annulment of an ex parte decree, which had been fraudulently obtained by the respondent, the ... decrees and sale deeds under the Registration Act. ... It is alleged that once the ex parte decree is set aside, all the acts including the sale deed will become void. ... When the petiti....
1998 0 Supreme(Mad) 275 • India - Madras
S.S.SUBRAMANI
CIVIL PROCEDURE CODE - ORDER IX RULE 13 - EX PARTE DECREE - COLLUSIVE DECREE - SETTING ASIDE - POWER OF HIGH COURT UNDER ARTICLE ... Final Decision: The High Court set aside the judgment and decree passed by the lower court, and dismissed the suit as infructuous ... Ratio Decidendi: The High Court held that a collusive decree is liable to be set aside by invoking Article 227 of the Constitution ... A collusive #H....
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