Order 9 Rule 13 CPC Affidavit Template

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Affidavit Under Order 9, Rule 13 of C.P.C Format

Need a reliable Affidavit Under Order 9, Rule 13 of C.P.C Format to set aside an ex-parte decree in your civil case? Our customizable legal template in PDF or Word format is ready to download and use instantly in India.

What is an Affidavit Under Order 9, Rule 13 of CPC?

An Affidavit Under Order 9, Rule 13 of C.P.C Format is a sworn statement filed by the defendant in a civil suit to apply for setting aside an ex-parte decree passed against them due to non-appearance. Under Order 9 Rule 13 of the Code of Civil Procedure (CPC), 1908, this affidavit supports the application by detailing sufficient cause for the absence and proving no negligence or collusion. It's a crucial document in Indian courts, ensuring justice by allowing defendants a fair hearing when summons were not properly served or unavoidable circumstances prevented attendance.

This ready-to-use Affidavit Under Order 9, Rule 13 of C.P.C sample is drafted by legal experts to meet court standards across India, from district courts to high courts.

Why is it Important?

Filing an application under Order 9 Rule 13 CPC without a properly formatted affidavit can lead to rejection, making you lose your right to defend the case. This affidavit proves 'sufficient cause' as required by law, preventing the decree from becoming final. Key benefits include:

Legal Compliance: Adheres to CPC provisions and judicial precedents.
Time-Saving: Avoid drafting from scratch; use our customizable Affidavit Under Order 9, Rule 13 of C.P.C Format.
Higher Success Rate: Structured to include all necessary facts, increasing approval chances.
Cost-Effective: Affordable paid download versus hiring a lawyer for custom drafting.

In civil litigation in India, ex-parte decrees are common due to service issues, making this template indispensable for restoring suits.

Key Elements of the Affidavit Under Order 9, Rule 13 CPC Format

A comprehensive Affidavit Under Order 9, Rule 13 of C.P.C sample must include:

Heading and Court Details: Suit number, court name, and parties involved.
Deponent's Details: Full name, address, and relationship to the case.
Facts of the Case: Brief suit history, date of ex-parte decree, and non-receipt of summons.
Sufficient Cause: Detailed reasons for absence (illness, travel, improper service, etc.), supported by evidence.
No Collusion or Negligence: Affirmation of good faith.
Prayer Clause: Request to set aside the decree and restore the suit.
Verification: Signed and verified before a notary or oath commissioner.

Our legal template ensures all these sections are covered professionally.

Who Should Use This Affidavit Format?

This Affidavit Under Order 9, Rule 13 of C.P.C Format is ideal for:

Defendants in civil suits facing ex-parte decrees (recovery, eviction, family matters).
Lawyers handling Order 9 Rule 13 applications in trial courts.
Litigants in India seeking quick, compliant documents for district, sessions, or high courts. Common use cases: Property disputes, debt recovery, matrimonial cases, and commercial suits where ex-parte orders were passed.

Download Your Ready-to-Use Template Now

Get instant access to our Affidavit Under Order 9, Rule 13 of C.P.C Format in editable Word or printable PDF. Customize it with your details and file confidently. Paid download options ensure premium quality and updates.

Important Note

While this free download-style Affidavit Under Order 9, Rule 13 of C.P.C sample (available via paid template) is designed for convenience, consult a qualified lawyer for case-specific advice. It's not a substitute for professional legal opinion. Explore related templates like Ex-Parte Decree Application Format, Section 65B Affidavit, or CPC Order 39 Temporary Injunction for more legal resources in India.

AFFIDAVIT UNDER ORDER 9, RULE 13 OF C.P.C

AFFIDAVIT[d1]

IN THE COURT OF.................................................

Suit No.................................. /200

In the Matter of

AB................................................... Plaintiff/Petitioner

versus

CD........................................... Defendant/Respondent.

AFFIDAVIT

I................................................................... resident of .................................................................................. do hereby solemnly affirm and declare as under: -

1. That I am the................................. in this case and hence competent to swear this affidavit.

2. That the contents of the accompanying application are true and correct.

DEPONENT

VERIFICATION

Verified at................................. on this................................. day of ................................. that the contents of the above affidavit are true and correct to my knowledge.

DEPONENT.

NON-APPEARANCE OF APPELLANT DUE TO ABSENCE OF ADVOCATE PURSUANT TO STRIKE

Order 9 Rule 13

Where the non-appearance of appellant company was attributable entirely due to absence of Advocate pursuant to strike call ex-pane order was set aside subject to payment of cost. Party was directed to realise half of amount of cost from Advocate concerned.1

SETTING ASIDE EX-PARTE DECREE

Order 9, Rule 13

Under Order 9, Rule 13, C. P. C. an ex-parte decree passed against a defendant can be set-aside upon satisfaction of the Court that either the summons were not duly served upon the defendant or he was prevented by any ?sufficient cause? from appearing when the suit was called on for hearing.2

1. Ramon Services Pvt. Ltd. v. Subhash Kapoor, AIR 2001 SC 208.

2. G. P. Srivastava v. R. K. Raizada, AIR 2000 SC 1221.

[d1]Order 9, Rule 13

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Important Guidelines

Guideline for Drafting Affidavit Under Order 9, Rule 13 of C.P.C.:

An affidavit under Order 9, Rule 13 of the Civil Procedure Code (C.P.C.) is used to set aside an ex parte decree. Here's a concise guide for drafting this affidavit:

Title and Identification: Clearly title the document as "Affidavit Under Order 9, Rule 13 C.P.C." Include names of the deponent (the person making the affidavit), case number, and court details.

Introduction and Background: Begin with a brief introduction, identifying the deponent and their relation to the case. Provide background details, including the date of the ex parte decree.

Reasons for Non-Appearance: Clearly state the reasons for the deponent's non-appearance in court, which led to the ex parte decree. These should be genuine and justifiable reasons, such as lack of proper notice, illness, or other unavoidable circumstances.

Meritorious Defense: Briefly outline the meritorious defense or valid grounds for contesting the suit, demonstrating that the deponent has a legitimate case to present.

Prayer for Relief: Clearly articulate the relief sought, requesting the court to set aside the ex parte decree and allow the deponent to present their case.

Common Mistakes to Avoid:

Vague Reasons: Clearly state specific reasons for non-appearance to avoid ambiguity and ensure the court understands the genuine nature of the circumstances.

Incomplete Background Information: Provide comprehensive background details and context to support the application, preventing misunderstandings.

Neglecting Legal Provisions: Ensure strict compliance with the provisions of Order 9, Rule 13 C.P.C., including any procedural requirements.

Ignoring Timeliness: File the affidavit promptly after becoming aware of the ex parte decree to avoid questions of undue delay.

Lack of Signature and Verification: Ensure the affidavit is signed and verified by the deponent, confirming the authenticity of the claims.

This affidavit is used in civil litigation to seek the setting aside of an ex parte decree, allowing the affected party to contest the case. By following these guidelines and avoiding common mistakes, a well-drafted affidavit under Order 9, Rule 13 C.P.C. enhances the likelihood of obtaining the desired judicial relief.

Frequently asked questions

What is an Affidavit under Order 9 Rule 13 of CPC?→

This affidavit is a sworn statement used by a defendant in a civil suit to apply for setting aside an ex parte decree under Order 9 Rule 13 CPC in India, citing no service of summons or sufficient cause for non-appearance.

Is this Affidavit under Order 9 Rule 13 CPC legally valid in India?→

Yes, it complies with the Code of Civil Procedure, 1908, and is valid in all Indian courts when properly drafted, executed on stamp paper, and notarized or attested.

Do I need to pay stamp duty for this affidavit in India?→

Yes, as per the Indian Stamp Act, affidavits require non-judicial stamp paper (typically ₹10-₹100 based on state rates). Affix appropriate stamps before notarization.

In what format can I download this Affidavit under Order 9 Rule 13 CPC?→

Download in editable Microsoft Word (.docx) or non-editable PDF format for convenient use in legal proceedings across India.

Can I customize or edit this Affidavit template?→

Yes, the template is fully customizable; modify party details, facts, and dates to fit your case, then print on stamp paper for execution.

When and who should use this Affidavit under Order 9 Rule 13 CPC?→

Use it if you are a defendant facing an ex parte decree in an Indian civil court and need to restore the suit by showing good cause; consult a lawyer for filing.