Table of Contents

1. Introduction

2. What is an Ex-Parte Decree?

3. Setting Aside an Ex-Parte Decree

4. Non-Party Rights and Ex-Parte Decrees

5. Exceptions and Considerations

6. Conclusion

Introduction

An ex-parte decree is a judgment passed by the court without the presence of one of the parties involved in the suit. This article explores whether a non-party to a suit can get an ex-parte decree set aside under Indian law, discussing the legal provisions and exceptions related to this issue.

What is an Ex-Parte Decree?

An ex-parte decree is a judgment or order passed by a court in the absence of one of the parties to the suit, typically when the defendant fails to appear before the court. Under Order IX, Rule 6, and Rule 13 of the Code of Civil Procedure (CPC), 1908, the court has the authority to pass an ex-parte decree when the defendant does not appear on the date of hearing.

Setting Aside an Ex-Parte Decree

Under Order IX, Rule 13 of the CPC, the defendant can apply to the court to set aside an ex-parte decree if they can prove that they were not willfully absent and had sufficient cause for their non-appearance. The court may set aside the decree upon such terms as it deems fit, often requiring the applicant to deposit any costs incurred by the plaintiff or to provide security for their appearance.

Non-Party Rights and Ex-Parte Decrees

Generally, a non-party to a suit does not have the legal standing to seek the setting aside of an ex-parte decree, as they were not directly involved in the proceedings. Only the defendant who was absent from the hearing and against whom the ex-parte decree was passed may apply for the decree to be set aside.

Exceptions and Considerations

There may be certain exceptions and situations where a non-party may have an interest in getting the ex-parte decree set aside. These scenarios can include:

1. Representative Suit: In a representative suit, where a party represents the interests of numerous individuals, a person who was not originally a party but whose interests are affected by the decree may seek to set it aside.

2. Transferee of Interest: A person who has acquired an interest in the subject matter of the suit after the passing of the ex-parte decree may be allowed to apply for setting aside the decree if they can prove that they were not aware of the proceedings and have a legitimate interest in the case.

3. Fraud or Collusion: In cases where the ex-parte decree was obtained by fraud or collusion, a non-party whose interests are affected by the decree may seek its setting aside.

It is essential to consult with a legal expert to determine whether any of these exceptions apply to your situation.

Conclusion

In general, a non-party to a suit does not have the legal standing to seek the setting aside of an ex-parte decree under Indian law. However, there may be specific exceptions and situations where a non-party may have a legitimate interest in getting the ex-parte decree set aside, such as in a representative suit, as a transferee of interest, or in cases of fraud or collusion. It is crucial to seek legal advice to understand your rights and options in such scenarios.