How to use this template: Fill in every bracketed placeholder ([...]) with your case details. Copy the application portion onto plain paper or legal-size paper, sign it, get it verified before the Oath Commissioner, and file it in the same court that passed the ex-parte decree, within 30 days of the date you first learned of the decree (Article 164, Limitation Act 1908). Attach an affidavit and supporting documents (e.g., medical certificate, process-server report, or your counsel's statement).

Intro

An ex-parte decree is passed when the defendant fails to appear in court despite being summoned, and the case proceeds in his absence. Order IX Rule 13 of the Code of Civil Procedure, 1908 gives that absent defendant a second chance: he may apply to the very court that passed the decree to have it set aside and the suit restored for a contested hearing.

The law requires the applicant to satisfy the court on two things. First, that there was sufficient cause for his non-appearance — for example, that summons were never duly served on him, that he was seriously ill, or that his counsel failed to inform him of the date. Second, he must apply promptly: under Article 164 of the Limitation Act, 1908, the application must be filed within 30 days from the date the applicant first had knowledge of the decree (not from the date of the decree itself).

Courts are generally liberal in setting aside ex-parte decrees where the applicant shows genuine non-knowledge and a bona fide reason for absence, because the right to be heard is fundamental. The application below is drafted for a civil suit in the District Courts. Adjust the caption and grounds to your facts.

IN THE COURT OF [District Judge / Additional District Judge / Senior Civil Judge], [Lahore]

Suit No. [___] of [Year]

[Name of Applicant/Defendant], s/o, d/o, w/o [Father's Name], [CNIC No.], r/o [Full Address] ...Applicant/Defendant

VERSUS

[Name of Respondent/Plaintiff], s/o, d/o, w/o [Father's Name], [CNIC No.], r/o [Full Address] ...Respondent/Plaintiff

APPLICATION UNDER ORDER IX RULE 13 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR SETTING ASIDE THE EX-PARTE DECREE DATED [DD/MM/YYYY]

Respectfully submitted:

  1. That the above-captioned suit was instituted by the respondent/plaintiff against the applicant/defendant, and an ex-parte decree was passed by this Hon'ble Court on [DD/MM/YYYY], in the absence of the applicant.
  1. That the applicant came to know of the said ex-parte decree for the first time on [DD/MM/YYYY], when [state how knowledge was acquired — e.g., "a bailiff visited the applicant's residence to execute the decree" / "the applicant received a notice of execution proceedings" / "a neighbour informed the applicant of the court proceedings"].

3. That the applicant was never duly served with summons in the said suit. [Choose and expand the applicable sub-grounds: (a) The summons were never delivered at the applicant's correct address at [Full Address]; the process-server's report of service is false/concocted, and the applicant's signatures appearing thereon are forged/fabricated; (b) The applicant had shifted his residence from [Old Address] to [New Address] on [Date], a fact unknown to the plaintiff, and service was attempted at the abandoned address; (c) The plaintiff deliberately furnished the applicant's wrong/incomplete address in the plaint to obtain an ex-parte decree by suppressing material facts.] The applicant, therefore, had no knowledge of the pendency of the suit and could not appear.

  1. That even otherwise, the applicant's non-appearance was for sufficient and bona fide cause: [select applicable — e.g., "the applicant was under medical treatment for [ailment] from [Date] to [Date], as certified by [Doctor/Hospital], and was physically unable to attend court"; "the applicant's counsel, [Name], Advocate, failed to inform the applicant of the hearing date and abandoned the case without intimation, which amounts to sufficient cause in the eyes of law"; "the applicant was out of the country on [dates] for [purpose], and his family, who received no summons, could not inform him in time"].
  1. That the applicant has a genuine, triable defence to the suit on merits: [briefly state defence — e.g., "the alleged agreement/transaction dated [Date] relied upon by the plaintiff is false and fabricated; the applicant never executed it"; "the claim is barred by limitation / is without consideration / payment was already made vide receipt dated [Date]"]. The applicant is ready and willing to contest the suit on merits and requests that the decree be set aside so that justice may be done after hearing both sides.
  1. That the present application is being filed within 30 days of the applicant's first knowledge of the decree, i.e., within the limitation prescribed by Article 164 of the Limitation Act, 1908, and is therefore well within time. The applicant craves leave of this Hon'ble Court to prove the date of knowledge through evidence if so required.
  1. That the balance of convenience lies in favour of the applicant, and grave and irreparable loss will be caused to the applicant if the ex-parte decree is allowed to stand, as the applicant will be condemned unheard in violation of the fundamental principle of natural justice (audi alteram partem).
  1. That no other application of a similar nature is pending between the same parties in any court, and that the applicant has not concealed any material fact from this Hon'ble Court.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) Set aside the ex-parte judgment/decree dated [DD/MM/YYYY] passed in Suit No. [___] of [Year]; (b) Restore the suit to its original number and stage, and grant the applicant leave to file his written statement and contest the suit on merits; (c) Grant any other relief deemed just and proper in the circumstances; and (d) Award costs in favour of the applicant.

Applicant/Defendant Through Counsel: [Name], Advocate [Chamber Address] | [Phone No.]

VERIFICATION

Verified on oath at [City] on this [__] day of [Month], [Year], that the contents of paras 1 to 8 of this application are true and correct to the best of my knowledge and belief, and nothing has been concealed therefrom.

DEPONENT

Identified by me: ___________________ Advocate

Note: File this application along with an affidavit in support, a copy of the ex-parte decree (if available), and any documentary proof of your grounds (medical certificate, travel documents, counsel's statement, or evidence of wrong address). If you learned of the decree through execution proceedings, mention the execution case number. Be precise about the date of knowledge — the entire limitation argument turns on it.

Practical notes before you file

  1. If you are late: If more than 30 days have passed since you learned of the decree, file a separate application under Section 5 of the Limitation Act, 1908 seeking condonation of delay along with this application, explaining each day's delay in detail. Courts may condone the delay where the explanation is convincing, but unexplained delay is usually fatal.
  1. Who can apply: Only the party against whom the ex-parte decree was passed (or his legal heir) can apply under Order IX Rule 13. The application lies in the same court that passed the decree — not in appeal.
  1. Court fee and affidavit: Affix the requisite court fee on the application as per the Court Fees Act schedule applicable in your province, and support every factual assertion with an affidavit. Vague, unverified allegations of "non-service" without specifics are routinely rejected.
  1. Be consistent: The date of knowledge stated in the application, the affidavit, and your counsel's arguments must match exactly. Contradictions on this point destroy credibility, and the court may dismiss the application as time-barred.
  1. Alternative remedy: An appeal against an ex-parte decree is also maintainable, but Order IX Rule 13 is the direct and usually faster remedy. You cannot pursue both simultaneously for the same relief — choose one.

The Bottom Line

This article provides general legal information for readers in Pakistan and is not legal advice. For advice about your own situation, consult a qualified advocate.