Order IX Rule 14 CPC: No Ex Parte Decree Set Aside Without Notice to the Opposite Party
Order IX Rule 14 of the Code of Civil Procedure, 1908 requires the court to ensure that the opposite party receives notice before it sets aside an ex parte decree on the application contemplated by Order IX Rule 13.
Text of Order IX Rule 14 CPC
No decree to be set aside without notice to opposite party
"No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party."
Statutory provision: Order IX Rule 14, First Schedule, Code of Civil Procedure, 1908. See the official CPC text (India Code PDF). State amendments and applicable procedural rules should also be checked.
Meaning and purpose of Rule 14
Rule 14 protects the right of the party who obtained the ex parte decree to be heard before that decree is disturbed. It is a statutory expression of procedural fairness and the principle of audi alteram partem, meaning that the other side should have an opportunity to be heard.
Ex parte decree means a decree passed when the defendant did not appear and the court proceeded in the defendant's absence in accordance with the CPC. Opposite party ordinarily means the decree-holder or plaintiff opposing the defendant's application to set aside that decree.
What the court must ensure
- Application: The defendant files an application under Order IX Rule 13 CPC before the court that passed the ex parte decree.
- Notice: Notice of that application must be served on the opposite party in accordance with the applicable procedure.
- Opportunity to respond: The opposite party may file objections, dispute the asserted grounds, and participate in the hearing.
- Judicial determination: The court decides whether Rule 13 grounds are made out. If the decree is set aside, the court fixes a date for proceeding with the suit, subject to appropriate terms.
Rule 14 does not itself prescribe a fixed number of days for service or establish an independent right to have the decree set aside. Service and hearing are governed by the CPC and the court's applicable procedural directions.
Relationship between Order IX Rules 13 and 14
| Provision | Legal effect |
|---|---|
| Order IX Rule 13 | Provides grounds and procedure to set aside an ex parte decree, including non-service of summons or sufficient cause for absence. |
| Order IX Rule 14 | Prohibits setting aside that decree unless notice of the application has been served on the opposite party. |
| Order XLIII Rule 1(d) | Provides an appeal from an order rejecting an application under Order IX Rule 13, subject to the provision's conditions. |
| Section 96(2) CPC | Allows an appeal from an original decree passed ex parte, subject to applicable law. |
Limitation period for an Order IX Rule 13 application
Article 123 of the Limitation Act, 1963 generally provides 30 days to apply to set aside an ex parte decree. Time ordinarily runs from the date of the decree; where the summons was not duly served, the period runs from the date the applicant had knowledge of the decree. The statutory explanation states that substituted service under Order V Rule 20 CPC is not deemed due service for the purpose of Article 123.
Where applicable, Section 5 of the Limitation Act permits the court to consider condonation of delay on sufficient cause being shown. The specific facts and any applicable local amendments matter. See the India Code legislation portal for the Limitation Act, 1963.
Practical illustration
A civil court passes an ex parte decree against a defendant. The defendant subsequently applies under Rule 13, alleging that summons was not duly served. Before allowing that application and setting aside the decree, the court must ensure notice is served on the plaintiff who obtained the decree. The plaintiff may dispute the alleged non-service. The court then determines the Rule 13 application on the facts and the law.
Frequently asked questions
Can an ex parte decree be set aside without notifying the plaintiff?
No. Order IX Rule 14 CPC requires service of notice on the opposite party before a decree is set aside on an application under Order IX Rule 13.
Does notice guarantee that the ex parte decree will be set aside?
No. Notice is a procedural safeguard. The applicant must also establish a ground under Order IX Rule 13, such as lack of due service or sufficient cause for non-appearance.
What is the time limit for applying to set aside an ex parte decree?
Article 123 of the Limitation Act, 1963 generally prescribes 30 days from the date of decree, or where summons was not duly served, from the date the applicant had knowledge of the decree.
What happens after notice is served?
The opposite party may contest the application. The court considers service, the reason for absence, the evidence and the applicable law before making its order.
Statutory sources and further reading
- Code of Civil Procedure, 1908 - India Code official text
- India Code - official central legislation repository
- Code of Civil Procedure - sections, orders and rules
Legal information for general reference. Courts may apply relevant state amendments, High Court rules and binding judgments.