Rule 106 of CPC : Rule 106: Setting aside orders passed ex parte, etc.

Explanation using Example

Example 1:

Scenario: Ramesh filed a civil suit against Suresh for the recovery of a loan amount. The court scheduled a hearing, but Suresh did not appear on the date of the hearing because he was hospitalized due to a sudden illness. Consequently, the court passed an ex parte order in favor of Ramesh.

Application of Rule 106:

• Suresh, upon recovering and learning about the ex parte order, can apply to the court to set aside the order.
• Suresh must file this application within thirty days from the date he became aware of the order.
• Suresh needs to provide sufficient cause for his non-appearance, such as medical records proving his hospitalization.
• The court, if satisfied with Suresh's explanation, may set aside the ex pa...

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