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Courts and procedure · For advocates

Ex parte decree? The 30 days start here.

In short

Order IX from absence to appeal: Rule 6, Rule 7, Rule 13, Article 164, and the proviso that sinks weak applications.

By the FAI Legal editorial desk · 10 October 2026 · 10 slides · 2 min read

  1. For advocates. Ex parte decree? The 30 days start here.
  2. Defendant absent. · Order IX Rule 6(1): it turns on service. · Duly served, R.6(1)(a) · Not proved served, R.6(1)(b) · Served too late, R.6(1)(c)
  3. Before the decree. · The cheapest fix is Rule 7. · Code of Civil Procedure, 1908 · Order IX Rule 7
  4. Quick quiz. Which date? · Guess first, then swipe for the answer. · A. The date of the decree · B. Knowledge of the decree · C. The next hearing date
  5. Answer: B. Knowledge. · Otherwise, from the date of the decree. · Limitation Act, 1908 · First Schedule, Article 164
  6. Two grounds. · Order IX Rule 13(1). · Ground 1 · Ground 2 · Then
  7. Myth or fact? · The argument that fails most often. · Myth: Any defect in service gets the decree set aside. · Fact: Not if the court records that the defendant knew the hearing date in time to appear and answer (R.13(1), second proviso).
  8. Late, and after. · Delay, the plaintiff's side, and appeal. · Delay · Plaintiff absent · No fresh suit · Refused?
  9. The rule. The case law. · Ask FAI. It gives the exact rule and the judgments on sufficient cause. · Judgments on "sufficient cause" under Order IX Rule 13 CPC. · Draft an application under Order IX Rule 13 CPC with a section 5 application.
  10. Follow FAI Legal on Instagram, @fai_legal. How long does an O.IX R.13 application take in your court?

Defendant absent.

Order IX Rule 6(1): it turns on service.

  • Duly served, R.6(1)(a)Court may proceed ex parte and pass a decree without recording evidence.
  • Not proved served, R.6(1)(b)Second summons must issue.
  • Served too late, R.6(1)(c)Hearing postponed, with notice of the new date.

Before the decree.

The cheapest fix is Rule 7.

“Where the Court has adjourned the hearing of the suit ex parte and the defendant at or before such hearing, appears and assigns good cause for his previous non-appearance, he may upon such terms as the Court directs as to costs or otherwise be heard in answer to the suit as if he had appeared on the day fixed for his appearance.”

Code of Civil Procedure, 1908 · Order IX Rule 7, Procedure where defendant appears on day of adjourned hearing

Quick quiz. Which date?

Guess first, then swipe for the answer.

  • A. The date of the decree
  • B. Knowledge of the decree
  • C. The next hearing date

Answer: B. Knowledge.

Otherwise, from the date of the decree.

“Thirty days. The date of the decree or where the summons was not duly served, when the applicant has knowledge of the decree.”

Limitation Act, 1908 · First Schedule, Article 164, By a defendant, for an order to set aside a decree passed ex parte

Two grounds.

Order IX Rule 13(1).

  • Ground 1The summons was not duly served.
  • Ground 2Sufficient cause prevented appearance when the suit was called on.
  • ThenThe court shall set aside, on terms as to costs or payment into court, and fix a day to proceed.

Myth or fact?

The argument that fails most often.

  • Myth: Any defect in service gets the decree set aside.
  • Fact: Not if the court records that the defendant knew the hearing date in time to appear and answer (R.13(1), second proviso).

Late, and after.

Delay, the plaintiff's side, and appeal.

  • DelaySection 5 Limitation Act applies to R.13 applications (R.13(2)).
  • Plaintiff absentDismissal under R.8: restore under R.9 within 30 days (Art. 163). Section 5 applies (R.9(3)).
  • No fresh suitSame cause of action is barred after R.8 dismissal (R.9(1)).
  • Refused?Appeal lies (O.XLIII R.1(c), (d)), in a case open to appeal.

The rule. The case law.

Ask FAI. It gives the exact rule and the judgments on sufficient cause.

  • Judgments on "sufficient cause" under Order IX Rule 13 CPC.
  • Draft an application under Order IX Rule 13 CPC with a section 5 application.

Example questions

What this does not mean

  • A defect in service does not get the decree set aside if the court records that the defendant knew the hearing date in time to appear and answer (R.13(1), second proviso).
  • The 30 days run from the date of the decree. They run from knowledge only where the summons was not duly served (Art. 164).
  • Rule 7 helps only before the decree, when the defendant appears at or before the adjourned hearing and assigns good cause.

Questions people ask

What is the time limit to set aside an ex parte decree in Pakistan?

Thirty days from the date of the decree, or where the summons was not duly served, from when the applicant has knowledge of the decree (Limitation Act, Art. 164).

What are the grounds to set aside an ex parte decree?

Under Order IX Rule 13(1) CPC: the summons was not duly served, or sufficient cause prevented appearance when the suit was called on. The court then sets it aside on terms as to costs or payment into court.

Can delay in an Order IX Rule 13 application be condoned?

Yes, section 5 of the Limitation Act applies to Rule 13 applications (R.13(2)).

What can I do if the court proceeded ex parte but no decree is passed yet?

Under Order IX Rule 7, appear at or before the adjourned hearing and assign good cause for not appearing earlier. The court may then hear you as if you had appeared on the first day, on terms as to costs.

Can I appeal if my application to set aside an ex parte decree is refused?

An appeal lies under Order XLIII Rule 1(c) and (d) CPC, in a case open to appeal.

Sources

  • Code of Civil Procedure, 1908 · Order IX Rule 7
    Procedure where defendant appears on day of adjourned hearing Pakistan Code
  • Limitation Act, 1908 · First Schedule, Article 164
    By a defendant, for an order to set aside a decree passed ex parte Pakistan Code

Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.

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