Ex Parte - Set aside petition time limit
2 weeks ago
Plaintiff vs Litigant. Litigant appeared in the duration of proceedings over a year. was set ex parte after default on a NFA in the presence of litigant counsel. ex parte was set for default of proceedings, not absence. What is the timeline for litigant to submit order 9 rule 7 petition? Can it be submitted after date of arguments which happened over 45 days?
A.Dear Client,
There is no specific time limit for filing an application under Order 9 Rule 7 of the CPC to set aside an ex parte order. Such an application can be submitted at any point during the ongoing proceedings. However, a recent ruling by the Himachal Pradesh High Court clarified that the application must be filed before the conclusion of arguments to be considered.
There is no specific time limit for filing an application under Order 9 Rule 7 of the CPC to set aside an ex parte order. Such an application can be submitted at any point during the ongoing proceedings. However, a recent ruling by the Himachal Pradesh High Court clarified that the application must be filed before the conclusion of arguments to be considered.
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A.The Order 9 Rule 7 does not define any timeline for submitting an application under the provision but that does not mean that one can wait for ages to file an application and it should be done as early as possible. So, file the application immediately and to be on safer side also file an application under Section 5 of the Limitation Act for condonation of delay, if any.
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A.Dear Client,
There is no time limitation for filing an application under Order 9 Rule 7 of CPC to set aside an exparte order. It can be filed at any time during the pendency of proceedings. The Himachal Pradesh High Court recently, while adjudicating on an application seeking to set aside an ex-parte order, observed that an application under Order 9 Rule 7 CPC can only be entertained if it is filed before the conclusion of arguments.
There is no time limitation for filing an application under Order 9 Rule 7 of CPC to set aside an exparte order. It can be filed at any time during the pendency of proceedings. The Himachal Pradesh High Court recently, while adjudicating on an application seeking to set aside an ex-parte order, observed that an application under Order 9 Rule 7 CPC can only be entertained if it is filed before the conclusion of arguments.
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A.Dear sir
By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
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