CPC 1908 § Order IX, Rule 13 — Setting aside decree ex-parte against defendant

Statutory text (English)

(1)] In any case in which a decree is
passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an
order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was
prevented by any sufficient cause from appearing when the suit was called on for hearing, the
Court shall make an order setting aside the decree as against him upon such terms as to costs, payment
into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:

Provided that where the decree is of such a nature that it cannot be set aside as against
such defendant only it may be set aside as against all or any of the other defendants also [:]3
3[
Provided further that no decree passed ex parte shall be set aside merely on the ground
of any irregularity in the service of summons, if the Court is satisfied, for reason to be recorded,
that the defendant had knowledge of the date of hearing in sufficient time to appear on that
date and answer the claim.]
1[
(2) The provisions of section 5 of the Limitation Act, 1908 ( IX of 1908 ), shall apply to
applications under sub-rule

(1)].

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order IX, Rule 13 (APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 80, 81, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 80, 81) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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