Application to set aside an ex-parte decree (O9 R13)

Undoing a decree passed in your absence.

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How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Civil Judge (Junior Division), Amarnagar

Civil Suit No. 412 of 2025

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Applicant

Versus

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Respondent

APPLICATION UNDER ORDER IX RULE 13 CPC FOR SETTING ASIDE THE EX-PARTE DECREE

Respectfully Showeth:

1.That the suit was decreed ex parte against the applicant on 10-08-2026.

2.That the applicant could not appear because no summons was ever served on him; the report of service was made at a wrong address.

3.That the applicant learnt of the decree only on 05-10-2026, and this application is filed within thirty days of that knowledge.

4.That the applicant has a good defence on merits and will suffer grave injustice if not heard.

PRAYER:

It is, therefore, respectfully prayed that the ex-parte decree dated 10-08-2026 may kindly be set aside and the applicant be allowed to defend the suit.

Any other relief which this Hon'ble Court deems fit may also be granted in the interest of justice.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

A certified copy of the ex-parte judgment and decree
Proof of why you could not appear, with dates: medical papers, absence from that address, or proof that the summons never reached you
Proof of when you learned of the decree: an execution notice, a letter, or the date you inspected the file
The papers of your defence, so the advocate can show you have a case on the merits
Your identity proof, and a vakalatnama in favour of your advocate, signed by you

Where to go

Filed through an advocate in the court that passed the decree, with a supporting affidavit; notice goes to the decree-holder, who may oppose it.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

File within 30 days of the decree or, if the summons was not duly served on you, within 30 days of learning of it.
If the time has already run out, file with it "Application for condonation of delay (s.5 Limitation Act)", explaining the delay day by day.
If the decree is being executed, ask your advocate to seek a stay meanwhile; the court may set terms, such as a deposit.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.