Setting Aside Ex Parte Decree in Pakistan: Time Limit After Court Appearance
"When a defendant participates in the proceedings of a case, and the outcome is an ex-parte decree, then Article 164 of the Limitation Act will apply."
Explanation of the judgment:
Article 164 of the Limitation Act, 1908 prescribes a limitation period of 30 days for a defendant to file an application to set aside an ex parte decree. The limitation period starts running from the date of the decree. However, if the summons was not duly served, then the limitation period starts running from the date when the defendant becomes aware of the decree.
In the case cited in the judgment, the defendant had participated in the proceedings of the case. This means that the defendant was aware of the proceedings and had the opportunity to defend themselves. Therefore, the limitation period of 30 days under Article 164 would apply.
Case Law References:
The judgment cites the following case law references in support of its holding:- 2019 MLD 1082 (Peshawar)
- 2015 CLC 1290 (Islamabad)
- 1995 SCMR 936
- 1996 SCMR 596
- 2005 SCMR 609
- 2006 SCMR 631
- 2007 SCMR 449
- 2008 SCMR 287
- 2012 MLD 1736
- 2013 MLD 476
- 2013 YLR 777
- 2014 YLR 128
- PLD 1998 Peshawar 43
- PLD 2011 SC 676
These cases all deal with the issue of the limitation period for setting aside an ex parte decree. The courts in these cases have held that the limitation period of 30 days under Article 164 applies even if the defendant has participated in the proceedings of the case.
Conclusion:
The judgment in this case is a reminder that defendants have a limited time to challenge ex parte decrees. If a defendant does not file an application to set aside an ex parte decree within 30 days of the date of the decree, then the decree will become final and cannot be challenged.