Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is B: 30 days.

The period of limitation for an application to set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex parte is thirty days, the time of limitation starts to run from the date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree.

An ex parte decree is a legal decision issued by a court without the presence or participation of one of the parties involved in a legal proceeding. This type of order is typically granted in urgent or exceptional circumstances, such as when one party seeks immediate relief and the other party is absent or has not been given the opportunity to respond.

A party who was absent during the issuance of the ex parte decree can seek to have the order overturned under Order 9 Rule 13 of the Code of Civil Procedure, 1908 (CPC). This typically involves filing an application with the court and providing evidence to support their claim. Courts generally aim to ensure fairness and due process and if a genuine reason for the party’s absence is established, the ex parte decree can be set aside, allowing for a reevaluation of the case with both parties present.