Application to Set Aside Ex-Parte Decree

IN THE COURT OF THE LEARNED court_designation, district

Civil Suit No. _____ of year

plaintiff_name ... Plaintiff/Respondent

VERSUS

defendant_name ... Defendant/Applicant

APPLICATION UNDER ORDER IX RULE 13 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SETTING ASIDE EX-PARTE DECREE

Respectfully sheweth:

1. That defendant_name was the defendant in the above-mentioned civil suit and a decree was passed by this Honourable Court on decree_date in the absence and without the knowledge of the defendant, hence an ex-parte decree.

2. That defendant_name did not appear in the suit on the date of hearing because reason_for_non_appearance.

3. That the absence of the defendant was not wilful and was due to circumstances beyond his/her control, namely circumstances_details.

4. That notice of the suit was not properly served upon the defendant, or the defendant did not receive the notice in sufficient time to enable him/her to appear in court.

5. That defendant_name has a bona fide defence on the merits to the claim made by the plaintiff, and the ex-parte decree has been passed against the rights of the defendant.

6. That the applicant's defence to the suit is that defence_summary.

7. That defendant_name immediately upon coming to know of the ex-parte decree, has filed the present application within a reasonable time.

8. That the decree is unjust and has caused severe prejudice to defendant_name, and setting aside the ex-parte decree would result in a just and proper determination of the suit on the actual merits.

9. That the applicant offers to place adequate security before the court to secure payment of any decree that may be passed against him/her.

WHEREFORE

It is, therefore, most respectfully prayed that this Honourable Court may be pleased to:

(a) Set aside the ex-parte decree dated decree_date passed in the above suit;

(b) Allow defendant_name to file and place written statement to the suit;

(c) Fix a fresh date for hearing of the suit and proceed with it on the merits; and

(d) Pass such further or other order as deemed just and proper under the circumstances.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ defendant_name Defendant/Applicant Through: _____________________________ counsel_name Advocate