Rule 13 of CPC : Rule 13: Setting aside decree ex parte against defendant.

Explanation using Example

Example 1:

Rajesh, a businessman in Mumbai, was sued by his supplier for non-payment of dues. The court issued a summons to Rajesh, but due to a clerical error, the summons was sent to the wrong address. As a result, Rajesh never received the summons and did not appear in court. The court proceeded with the hearing and passed a decree ex parte (in Rajesh's absence) ordering him to pay the dues.

Upon learning about the decree, Rajesh applied to the court to set aside the ex parte decree. He provided evidence that the summons was not duly served to him. The court, satisfied with Rajesh's explanation, set aside the ex parte decree and scheduled a new date for the hearing, allowing Rajesh to present his defense.

Example 2:

Priya, a resident of Delhi, was involved in a property dispute with her neighbor. The court issued a summons for Priya to appear on a specific date. However, on the day of the hearing, Priya was hospitalized due to a sudden medical emergency and could not attend the court session. The court, unaware of her situation, proceeded with the hearing and passed a decree ex parte against her.

After being discharged from the hos...

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