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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting an Application under Order 9, Rule 13 CPC for Setting Aside Ex-Parte Decree
Purpose:
An application under Order 9, Rule 13 of the CPC is used to seek the setting aside of an ex-parte decree, which is a judgment passed in the absence of the defendant due to non-appearance or non-representation.
Usage:
Employed when a party was unable to appear or defend themselves during the trial leading to the ex-parte decree.
Utilized to request the court to provide an opportunity for the defendant to present their case and contest the decree.
Drafting Steps:
Title and Court Details: Title the application clearly and address it to the appropriate court that passed the ex-parte decree.
Party Information: Provide complete details of the applicant seeking to set aside the decree.
Decree Details: Mention the case number, court name, date of the ex-parte decree, and parties involved.
Reasons for Non-appearance: Clearly state the reasons for the defendant's failure to appear or defend during the trial.
Grounds for Setting Aside: Specify the legal grounds for setting aside the ex-parte decree, such as sufficient cause for non-appearance or lack of notice.
Affidavit: Attach an affidavit supporting the application, detailing the reasons for non-appearance and the merits of the case.
Prayer for Relief: Request the court to set aside the ex-parte decree and provide an opportunity to defend the case on merits.
Verification: End with a verification clause affirming the correctness of the contents.
Common Mistakes to Avoid:
Inadequate Explanation: Ensure a clear and convincing explanation for the non-appearance or non-defence during the trial.
Failure to Cite Legal Grounds: Clearly articulate the legal grounds for setting aside the ex-parte decree.
Missing Affidavit: Ensure the affidavit supporting the application is attached, providing necessary details and supporting evidence.
Ignoring Procedural Requirements: Adhere strictly to the procedural rules and requirements of Order 9, Rule 13 CPC.
By following these guidelines, one can effectively draft an application under Order 9, Rule 13 CPC, seeking the setting aside of an ex-parte decree and the opportunity to defend the case on merits.