Process of set aside of Ex- Parte Decree Order 9 Rule 13

Ex- Parte Decree, Remedies, competent Court.

[@creativekarnataka6821]

Amazing explanation ❤️👌👏🏼 Subscribed👍

[@sunilexro3794]

Nameste ji, Thanks for the detailed explanation. In most youtube videos on law, the code is simply repeated or read by the presenter. But, you have made such an effort to explain the code's crux in a simple way. However, you could have added a few more points i.e. what are the further remedies when an application filed under Order 9 Rule 13 is dismissed by the court? (Dismissal Order can be appealed (CMA) under Order 43 or a Civil Revision Petition can be filed under Art.227 before Honourable High Court). Further information, such as an application under Order 9 Rule 13 and appeal u/s 96(2) against exparte decree can be filed simultaneously (If an appeal under 96(2) is dismissed, then the application under Order 9 Rule 13 is not maintainable), could have been mentioned.

[@pavip3099]

Continued.... I had approached advocates for cancellation og that decree but no one proceeded.

[@سيداكرمحسين]

Good video, understood everything but little sound is not good, improve sound quality

[@pavip3099]

Plaintiff was a widowed daughter. Sons name was name sake but he was already a coparscener during part bet Father and his two sons, out of one son expired in an accident before. Plaintiff wants cancellation or to set aside decree as it was under coercion and misrepresentation of matter of fact that is done as injunction without any possession due ti wrong information to advocate by defendants who were his near R. T. O. friends wife and wife's twin sister carrying mother to the advocate to clear up mothers problems regarding property matters, etc. Plaintiff is interested in other residential building where she was residing with her mother and daughter but baking this injunction fraudulent case decree, plaintiff with her daughter were thrown out of residing another building after three days of mother's funeral, as making this fraudulent and coerced decree as basis of an pressurised got signed will deed from my mother during her fra turned leg carrying her to registration office on stretchers. Mother after getting well, went to police station and to tahashildar stating on an affidavit on Rs. 100/- stamp paper that pressurised signatures were taken by her two daughters on some papers during her fractured leg condition and her gold and money kept with them were not returned. After mothers.funeral, I told my sisters about it. They came with their husband and husband's servants and goons and drag me and my daughter out without allowing us to take anything and made police to draft and made to serve notice that each should go to their respective partitions and the fraudulent and coerced decree and will deed of mother under deceit were kept in front of P. S. I. along with a complaint readily typed by my brother in law giving my sisters to keep it in front of P. S. I. This he did as he was the mastermind behind getting done my mother's will through his friends as witness. It was he to fix and arrange for different known advocates for that coerced partitions shown in injunction case wherein he made his wife to fill mother's earrs for coercion on me as I had daughter and not son as my sister so there was fear to mother of going property to my future son in law in future. The third building was hospital wherein I used to practice since 14 years and was in my possession and sisters were in their husband's places one settled in U. S. A. and after 19 years one of them claimed against this decree saying in it that all of the three were not given any property dealing. Freedom and that the partitions were made under coercion to her also. This suit of my sister was pending in court which was against me and my mother for two years and even one month after my mother's death saying that the injunction suit for partition in year 1991 was mine and my mother's idea and that we were taking all decisions about properties and our mental status-brain is fully spoiled. On 1st July, mischievously my brother in law and my sister after 19 years of that fraudulent and coerced decree on part of plaintiff, my brother in law got those papers from me, which were kept to set aside or cancel the decree, found advantageous for him and told his sister in law I. e. his wife's twin sister who also stayed at Bombay, told her to file a case against injunction case of partition, he being a mastermind. Such statement of saying unsound mind, insane to me and mother was in my sister's filed suit against us saying partitions done in that injunction case they came to know about it recently in June 2010 which was 19 years of injunction case, with no issue of any notice for them and sure of plaintiff also never alone weren't to court for any hearing etc. were under coercion. This suit was 3&1/2 months later after getting pressurised will deed got done from mother. after It was under coercion to plaintiff also. That 10% backside remaining portion keys under mothers possession are in my brother in law and his wife I. e. my sisters possession got it from mother's room in house which was in the name of my late brother, where I and my daughter used to take mother's care and had saved mother's life repeatedly for 17 times often keeping her in I. C. U. and paralysis, stroke, brain hemorrhage, brain surgeryblood transfusions for multiple times during the pending suit of my.sister in alliance with other two sisters against partitions against me and mother to have unsound mind since 1991 to do that partition suit under coercion to three of them to sign. After one month after mothers death that case filed by sister against partition claiming in it that still partitions have not taken place was filed by my sister was in accordance to the advice of my brother in law, against me and my mother that we had unsound mind, then why was I thrown out of residing house by keeping mothers will deed in front of P. S. I. on date 23 rd March 2012. if my mother was insane and of unsound mind along with me since year 1991 till 15 th April 2012 when to avoid it's hearing date which was on 18th March with order of the Agarwals lower court for Other side to Say, avoiding that order of the court causing contempt of court, court papers from lower court were on Sunday 15th April were taken with a jump in Lok Nyayalai in absence of opposite party, case was withdrawn by my sister by not following Order of the lower court contempt if court should be punished for contempt of court not following order for Say from other side to keep their views. Deceit, fraud, coercion, Iam on roads. My brother in law is master mind behind all this and finds me nuisance in properties. My sistershad left my residing house where I and my daughter used to stay with my mother which was in my late brother's name, but after 19 years of decree, my brother in law and his wife had mutated in accordance to fraudulent, coerced decree by not canceling deceased persons name It and by giving unaccessible and wrong addresses of the concerned parties, with no mention of legal heirs of deceased and doing so, illegal entry mutation, one sister sold one part of building after mothers death in conspiracy with my brother in law and his wife, threw my things from twelve big steel cupboards. My sisters had gone to their husband's places both to Bombay as they had left their schooling children over there after mother's funeral but came back after five days with three male goons and male and female servants which included his mother's residential cook and maids and farm manager gang headed by my brother in law pushing and blowing open the slightly latched door disturbing mine and my daughters peaceful possession saying they have kept that decree and will deed on P. S. I. table with a complaint and they assaulted me and my daughter dragging us out on only dress on our body, and took that Original affidavit of mother's on stamp paper addressed to taluka magistrate which was against her forceful signatures taken by her two daughters on some papers during her leg fracture. Tell me how to cancel that fraudulent, coerced decree of partition done by making compromise tool for partition in I junction case wherein possession of tenant and keys with br in law with never any practical possession of plaintiff since injunction case untill date today worth n only coerced, signature under undue influence theoretical myth story but brother in law taking undue advantage, used it in will deed to discard me from will deed. So, tell me how to cancel it. I want to stay in house where I and my daughter were staying with my mother. I was brought in that house for permanent shelter by the real owner of that house in whose name it was, I. e. my younger brother when in accident my husband expired when we were staying in quarters of a factory, when I was only 25 years of age with a breast feeding female child of one year and my brother didn't who is no more since 1986.

[@arkrehmankhan9619]

Decree filed against my father in 1988. I came to know about it in 2017. In 2023 may i want to set aside that decree.what will be the reason for delay i should give to court

[@pavip3099]

Continued..... The advo who had drafted injunction xasse said, that he has stopped practicing and tell it to new advocate. New advocate said go and tell thar advocate who drafted it.

[@safdarahmad8308]

Sir. Please reply my comment, posted two days earlier.

[@shahidvakkayil6436]

will u do a video on how my exparty order set aside via efiling by using the electronic video linkage order of ecourt please

[@venkatalavanyasayam3886]

What is the meaning of ‘to file an offence petition’?

[@manjuojha3619]

Excellent sir👌👍🙏

[@rajeshdey1291]

Sir, we had given the government exam. We won that case again in the High Court, then filed SLP in the department, so now we are going on with the SLP in the Supreme Court, in the meanwhile, some more recruitment of department vacancies were removed. Can we take stay order on that recruitment? I firmly believe that you will answer my question sir. Thank you I will be very grateful to you... Rajesh Dey from Guwahati...

[@DrAmitabhSingh]

Yes you can asked for staying the process by Honourable High Court

[@DrAmitabhSingh]

Or by Honourable SC.

[@rashmirajpoot5401]

Thank u so much sir.

[@thevaibhavvats]

Maza aa gaya sir. Thank you !

[@saniyasaniya1868]

Very nice lecture sir

[@AryanYadav-ws6mj]

Sir my frnd got ex prty decision and aftr that remarried now 5 yrs complet his ex wife never intrefere but now aftr 5 yrs intrefere my friends marriage life and challenging that she broke ex prt divorce and send him jail ...what can she intrefere now aftr more than 4.5 yrs of ex prty dicision

[@MohammadAyubKhan-jy3pg]

Thanks

[@moloyanath4988]

You are the dignified, how much i chant your majesty also it will a little. Thank you so much Sir. Kindly take the prostration of my little heart.

[@prashantrajput9923]

🙏

[@yogeshsandhir5130]

Ex party decree pass one side after 1year application executions of decree can set aside decree

[@pavip3099]

Continued.... After two years of this fraudulent and coerced partition in injunction case, the 90% possessed area tenant in that previous injunction said suit property of city survey number, tenant used its municiple number of same property and filed suit of injunction against previous injunction case defendants nos. 2 and 4 I. e. my mother and sister, addressing them to as owners which they accepted ro be owners in their written statement with the same advocate who was their opp adv and was plaintiff adv not hired or paid by plaintiff. Two two injunction cases on single property but with different numbers as unicipke number in tenants injunction and C. S. no. in previous plaintiff daughters injunction which was false and without possession with a myth story which nt understood by laintiff when she knew not what is plaintiff or what is plaint, hat will be consequences?, nothing explained by advocate but forced to sign under coercion and undue influence by head of the family.. Mother.

[@nathusinghcourt4179]

During the pendency of such application, is the application under Order 39 rule 1 and 2 read with section 151 cpc, maintainable. Please Guide If there are any rulings in this regard. Please

[@nathusinghcourt4179]

Sir can I discuss in this matter. Only for two minutes. Please

[@DrAmitabhSingh]

Please call me on 7002333982

[@nathusinghcourt4179]

सर मैं कितने बजे कोल करूं जब आप डिस्टर्ब न हों। प्लीज़

[@DrAmitabhSingh]

Aap apna number de dijiye mai mila lunga aapko

[@nilesh4736]

Ramdas Raut Pune Maharashtra se sr mi dhava dhakal kela x partti nikal zala nanthar dhava kharij zala nanthar distik koartath aafhil dismissed zale nanthar karona cha parsar zalya mule aafhil highicoart madhe aafhil dhakal kela nahi ttar aattha dhakal kela ttar chalu shekte ka

[@DrAmitabhSingh]

You can proceed.

[@user05316]

Excellent 👌 sir. Thank you sir 🙏🙏🙏

[@rajeshputlekar4934]

Excellent information sir

[@yogeshsandhir5130]

Maximum time decree set aside application

[@arvindchaturvedi9520]

What happened if the exparty order is set aside by the civil court on condition that the defendant will pay Rs 500/ and the defendant fails to pay. Can this set aside order be revoked by the court.

[@DrAmitabhSingh]

Yes the court can

[@radhepandey2925]

Sir exparte evidence ko kaise roke because hamara ws nhi pada ja raha h...

[@DrAmitabhSingh]

Kyu aapka WS nahi padha ja raha hai?

[@mamunabu7020]

Thank you sir.. We need such cpc videos more.

[@ashit_pandey]

सर आजकल आप की वीडियोस नहीं आ रही है

[@DrAmitabhSingh]

By last of this month it will be resume

[@shefalisharma5065]

Sir iska explanation discuss nahi kiya aapne

[@parveenmanitripathi3325]

Gurudew ko naman, sir kal cpc ka paper tha ex party se question aa gaya, aur mene dhero lectures sune the lekin wahan aap hi bol rahe the aur me likh raha tha,aaj subah aapke liye dua nikali mere man se.socha ki aapko thanks de dun.itni sadagi itni simlisity aur itna depth knowledge ke sath sath aapme ek energy he.thank you sir. Aapki simplisity hamesa bani rahe🙏

[@DrAmitabhSingh]

Aap ko koti koti bar dhanyavad

[@biswajitmallick792]

good

[@MdArshad-mx6dw]

Jamin ke exparte judgement ke 6 saal baad appeal kiya ja sakta hai civil court se

[@DrAmitabhSingh]

Sufficient cause dikhaye appeal hogi

[@juliastopno3685]

Sir mera jamin case hai court main tha quashed and set aside kar diya hai mujhe please samaj main nahi a raha hai

[@DrAmitabhSingh]

Details bataye kyu set aside kar diya?

[@lawyerparijat]

Thanks a lot. 🙏

[@rajkumarirajkumari3573]

यह वीडियो हिंदी में होता तो और और समझ में आता थैंक यू सर

[@gopalprabhu2983]

Which order is use to X party

[@DrAmitabhSingh]

In the same order9 .

[@jaypatole6480]

सेट असाइड करने के लिये 30 दिनों से ज्यादा हो जाने पर मतलब साल या डेड साल बाद अर्जी कर सकते है क्या ??

[@DrAmitabhSingh]

If applicant have sufficient cause for such delay then court will permit otherwise not.....

[@jaypatole6480]

@@DrAmitabhSingh बहोत बहोत धन्यवाद सर 👌🙏💖

[@syankn]

Good morning Sir, I like your video too much, sir I want to know I was fillid a civil matter court case but second party not coming even till now from 2 years he never APPOINT any Lawyer, so yesterday my lawyer said he is now Ex- parte, now what happened in next in my favour, Actually my case is very small case actually one of my friend took from me 1.50 Lakh Rs loan but he didn't return money so his cheque also bounce then I filled case, please something bataiye

[@DrAmitabhSingh]

Surely it will be in your favour

[@syankn]

@@DrAmitabhSingh thank you sir, Sir Jaise ki Aapke video me aap bata rahe hai ki Ex- parte hone ke baad ab Kitna time esko judgement me convert Karne me lagega, SIR EK CHIZ PLEASE BATAIYE KI KAL WO EX PARTE HO GAYE TOH AB UNKA KOI VAKIL TOH AATA NAHI HAI LAST 2 SAAL SE , STARTING ME 1 -2 BAAR BAS WO KHUD AKELE AAYE THE, TOH AB KAL KI INFORMATION KI WO EX PARTE HO GAYE UNKO YE INFORMATION KAISE PAHUCHIGI , KYA COURT UNKO LETTER YA SUMMON BEJEGI, please zarra Bataiye Na, thank you very much

[@DrAmitabhSingh]

After getting decree file execution application then the whole world will know and your opponent too.

[@syankn]

@@DrAmitabhSingh Dhnyavaad Amitahb ji

[@mdf345]

@@syankn kya hua sir opposite party appear hua? Mera bhi case Kuchh aapke jaisa hi . Mera eviction ka case h aur mere case mein kirayedar 2 sal se appear Nahin hua hai aur mere vakil bol rahe hain ki ex-parte karna Hoga...

[@rachnasharma9955]

very much clear sir thanku

[@DrAmitabhSingh]

Thanks a lot

[@foodlovebymom2918]

Whether all interlocutory orders revive automatically on setting aside ex parte decree?

[@foodlovebymom2918]

If all interlocutory orders revive automatically in case of setting aside ex parte decree, kindly mention current case law.

[@DrAmitabhSingh]

Sure.

[@syedishaq1284]

Plz sir give me your contact number

[@DrAmitabhSingh]

7002333982.

[@radhepandey2925]

Sir exparte evidence ko kaise roke because hamara ws nhi pada ja raha h?

[@DrAmitabhSingh]

Kyu nahi padha ja raha Aapka WS??

[@radhepandey2925]

Because hamara time jo court se milta hai ws ka wo khatam ho gaya h...

[@DrAmitabhSingh]

No problem. Kindly shows some reason as sufficient cause of delay and ask for permission if court denied then wait for Ex-Parte order,after such order use Order 9 Rule 13 to quash the order.

[@radhepandey2925]

Ok sir thanks

[@radhepandey2925]

Sir what is the recalled ? Because hamein recall krne ke liye kaha gaya h...

[@mdf345]

Wow.. very detailed information... thanks so much... Sir if you don't mind, I've few questions. 1). 1:52 per aapne kaha ki ex- Parte decree issue hone ke baad defendant ke pass 4 options hai... aur 3:33 per aapne kaha ki defendent ko 30 days ki limitation period hai.. yani kya defendant 30 days ke andar hi un 4 remedies ko use kar sakta hai? agar 30 days se upar ho gaye to? In other words, ex Parte decree order hone ke kitne din bad defendant ke sare Raste Band Ho Jaate Hain? 2). 1:21 ex Parte decree order hone ke kitne din bad plaintiff उसे execute करा sakta hai? 3). Exparte order execute karane ke bad bhi defendant ke pass kya koi Raste bacthe Hain? kya fir wo higher court me appeal kar sakta h? Hope that you will answer my questions. Thanks.

[@DrAmitabhSingh]

Thanks for your Questions. 1. The limitation period is 30 days for set aside the Ex-Parte Decree ( for defendant against whom such decree has been passed) .But if he have sufficient cause for his delay then the courts allow him or excuse his delay. 2. Ex-Parte Decree ke pass hone ke baad decree holder can move execution proceedings after taking certified copies of such decree. 3. The defendant have right of appeal and inspite of the fact that such Ex-Parte Decree has been executed finally in favour of Plantiff,if defendant won the case in appeal then he have 12 years time period to file restitution and court will revert back the fruits of the case to him. I hope that my response will help you to understand the topic. Anticipating your Response.

[@mdf345]

@@DrAmitabhSingh Considering an example where a tenant who is not vacating premises of landlord even after the expiry of the written deed of lease, and the landlord has received an ex parte decree order on the basis of Bonafide need of the premises for personal use, and then even after the 30 days of the order, if the defendant does not challenge the order in court, and if the plaintiff moved ahead with the execution of the order, then will his premises be vacated ? And If say, after the execution of the order, the defendant files an appeal , Can it stop him from vacating the premises? In other words , after the execution of the order what are the remedies available to the defendant which will stop him from vacating the premises? Thanks.

[@DrAmitabhSingh]

If defendant filed an appeal then appeleable Court will finalize to stay the execution proceedings or not.

[@mdf345]

@@DrAmitabhSingh Thanks. Got it. Also sir according to your . point no 3, You've said that, the defendant can file an appeal irrespective of the fact that the ex parte decree has been already been executed in favour of the plaintiff, so isme bhi kya time limitation hai? Means ex parte Order execute hone ke baad kya kisi fixed time ke andar hi defendant appeal kar sakta hai (30days/60days etc)? Ya order execute hone baad kabhi bhi file kar sakta hai? Thanks.

[@nidhisharma3366]

@@DrAmitabhSingh sir agr ex party case ko 90 days se jadya ho gye h...aur opposite party ne bi tk legaly kon acction ni lia h ...to kya second marg ki ja skti h???aur agr marg ke baad opposite party koi appeal krti to kya hoga ...plz rply