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 parte order and schedule a new date for the hearing.
• Notice of Suresh's application must be served to Ramesh before the court makes any decision on setting aside the order.

Example 2:

Scenario: Priya filed a suit for the partition of family property against her brother, Raj. The court issued a notice to Raj, but due to a clerical error, the notice was sent to the wrong address. Raj did not appear in court because he never received the notice, and the court passed an ex parte order in favor of Priya.

Application of Rule 106:

• Raj, upon eventually learning about the ex parte order through a relative, can apply to the court to set aside the order.
• Raj must file this application within thirty days from the date he became aware of the order.
• Raj needs to demonstrate that he did not receive the notice due to the clerical error and was unaware of the hearing.
• The court, if convinced that the notice was not duly served, may set aside the ex parte order and reschedule the hearing.
• Notice of Raj's application must be served to Priya before the court makes any decision on setting aside the order.