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 hospital, Priya applied to the court to set aside the ex parte decree. She submitted her medical records as proof of her hospitalization and explained that she was prevented by a sufficient cause from appearing in court. The court, finding her reason valid, set aside the ex parte decree and fixed a new date for the hearing, giving Priya an opportunity to present her case.

Example 3:

Vikram, a software engineer in Bangalore, was sued by his former employer for breach of contract. The court issued a summons, which was duly served to Vikram. However, Vikram mistakenly believed that the court date was a week later than it actually was. As a result, he did not appear in court on the scheduled date, and the court passed a decree ex parte against him.

Vikram applied to the court to set aside the ex parte decree, arguing that he had made an honest mistake regarding the date. The court, however, found that Vikram had received the summons and had sufficient time to appear but failed to do so due to his own negligence. Therefore, the court did not set aside the ex parte decree, and Vikram had to comply with the court's order.

Example 4:

Sunita, a shop owner in Chennai, was sued by a customer for selling defective goods. The court issued a summons, but Sunita was out of town for a family emergency and did not receive the notice. The court proceeded with the hearing and passed a decree ex parte against her.

Upon returning, Sunita applied to the court to set aside the ex parte decree, explaining her absence and providing evidence of her family emergency. The court, satisfied with her explanation, set aside the ex parte decree and scheduled a new hearing date, allowing Sunita to defend herself against the customer's claims.