Perusal of the provisions contained in Rule 13 of the Order IX of the Code shows that it is only the Defendant who can seek to set aside the decree passed ex-parte. Rather, only the Defendant against whom the ex-parte decree passed, can maintain it. The view has been expressed by Hon’ble the Apex Court in Rup Chand Gupta Vs. Raghuvanshi Private Limited and Another. It is settled principle of law that a person who is neither a Defendant nor against whom decree was passed cannot maintain an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908[ setting aside the ex parte decree].
This view finds support from the principle of law laid down in Santosh Chopra Vs. Teja Singh Sardul Singh . It is only the Defendant against whom the decree passed or his legal representative on his death are the persons who can apply for setting aside an ex-parte decree but no third party can maintain application Under the Rule 13.
The same view has been expressed in Surya Kumar v. District Judge, Mirzapur AIR 1991 All 75 (at. page 83 and 84).
