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The Locked Door: Setting aside an ex parte decree under Order IX Rule 13 CPC

A supplier sued Sundar Traders in the City Civil Court, Chennai, for ₹2.6 lakh. Sundar says he never received the summons. The court passed an ex parte decree, and he found out only when a bailiff arrived with an execution notice.

Client: Sundar Traders, through proprietor K. Sundar (defendant) · As on: 2 Feb 2026

What you will learn

Governing law

  • Code of Civil Procedure, 1908 — Procedure for suits, decrees and execution.

Key provisions

  • O.IX R.13 CPC: Setting aside a decree passed ex parte against the defendant
  • Art.123, Limitation Act: 30 days from the decree, or from knowledge where summons were not duly served
  • O.V R.17 CPC: Service by affixing when the defendant cannot be found

The six rooms

  1. The Mystery — sort 7 statements into facts that matter and distractions, then name the legal issue.
  2. The Evidence Vault — match 5 items of evidence to the facts and build a verified chronology.
  3. The Statute Library — choose the governing Act from 5 and the sections that decide the case.
  4. Decode the Section — sort clauses of CPC Order IX Rule 13 and Limitation Act, 1963, Article 123 and apply them to the facts.
  5. The Decision Chamber — pick the right next step and justify it.
  6. The Final Submission — complete the evidence checklist, deadlines and open questions.

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Fictional learning scenario. Names, facts and dates are invented; statutory references are summarised and must be verified before use.