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