What are the Grounds of Set-aside the ex-party judgment

Grounds for Setting Aside an Ex-Parte Judgment

Grounds for Setting Aside an Ex-Parte Judgment:

Non-Service of Summons:
The summons must be properly served on the defendant. If not, the defendant can apply to set aside the ex-parte judgment.
Prevention from Appearing:
The defendant must demonstrate a valid reason for not appearing in court, such as illness, travel, or unforeseen circumstances.
Special Circumstances:
In summary suits, the defendant can apply to set aside the judgment if they can prove special circumstances that made appearing in court on the relevant day impossible.

Time Limit for Application:
The application to set aside an ex-parte judgment must be filed within a reasonable time, with the specific time limit varying by jurisdiction. In India, it is typically within 30 days of the ex-parte judgment.
Court's Consideration:
The court will consider factors such as reasons for non-service of summons, the nature of the defendant's excuse for not appearing, and the strength of the plaintiff's case.
Restoration of Case:
If the court sets aside the ex-parte judgment, the case is restored to its original status, allowing the defendant to defend.
Procedures for Setting Aside:
The application must be filed in the court that issued the ex-parte judgment, accompanied by an affidavit explaining the grounds. The plaintiff may oppose the application, and the court may require the defendant to pay security.

Q: What is an ex-parte judgment?: A: An ex-parte judgment is one passed against a defendant who doesn't appear in court, typically after being served with the summons.
Q: How long do I have to apply to set aside an ex-parte judgment?: A: The time limit varies by jurisdiction. In India, the application must generally be filed within 30 days of the ex-parte judgment.
Q: What happens if my application to set aside the ex-parte judgment is successful?: A: If successful, the case is restored to its original status, allowing the defendant to defend against the claims.
Q: What are the consequences of not setting aside an ex-parte judgment?: A: If not set aside, the judgment becomes final and binding, making the defendant liable for the awarded amount.