CPC Section 147

CPC Section 147 addresses the legal process for setting aside an ex parte decree, which is a judgment passed when one party fails to appear in court. Understanding this section is crucial for parties who missed their chance to present their case and seek relief from the court.

This section ensures fairness by allowing an absent party to request the court to reconsider the decree under specific conditions, maintaining the balance between procedural discipline and justice.

CPC Section 147 – Exact Provision

This provision empowers courts to reopen cases decided without the presence of one party if that party shows a valid reason for their absence. It safeguards the right to a fair trial by preventing unjust finality due to non-appearance.

• Applies only to ex parte decrees.

• Requires an application by the absent party.

• Courts have discretion to set aside the decree.

• Must show sufficient cause for absence.

• Promotes fairness in civil proceedings.

Explanation of CPC Section 147

This section allows a party against whom an ex parte decree is passed to seek its cancellation by proving valid reasons for their absence.

• States that ex parte decrees can be challenged.

• Affects the party who did not appear in court.

• Requires filing an application with the court that passed the decree.

• Triggered by the decree being passed without the party's presence.

• Allows setting aside the decree if sufficient cause is shown.

• Prohibits setting aside without valid reasons.

Purpose and Rationale of CPC Section 147

The section aims to protect the rights of parties who miss court hearings due to valid reasons, ensuring justice is served without compromising procedural rules.

• Protects civil rights of absent parties.

• Ensures fair opportunity to be heard.

• Prevents misuse of ex parte decrees.

• Maintains judicial order and finality.

When CPC Section 147 Applies

This section applies when a decree is passed ex parte and the absent party seeks to set it aside by showing sufficient cause for their non-appearance.

• Decree must be ex parte.

• Application must be made to the same court.

• Must be within a reasonable time.

• Limited to cases where absence was justified.

• Not applicable if decree is not ex parte.

Jurisdiction under CPC Section 147

The court that passed the ex parte decree holds jurisdiction to entertain applications under this section. Typically, this is the trial court or the court of original jurisdiction where the suit was filed.

• Only the court which passed the decree can set it aside.

• Higher courts do not have jurisdiction under this section.

• Jurisdiction is limited to civil courts with original trial powers.

Nature of Proceedings under CPC Section 147

Proceedings under this section are procedural and interlocutory, focusing on reviewing the validity of an ex parte decree. It does not involve a full trial but an inquiry into the reasons for absence.

• Involves application to set aside decree.

• Requires showing sufficient cause for absence.

• Leads to restoration of suit if allowed.

• Does not decide the main dispute.

Stage of Suit Where CPC Section 147 Applies

This section applies after the ex parte decree has been passed, typically during the execution or post-judgment phase, before the decree becomes final and unchallengeable.

• After decree is passed ex parte.

• Before decree is executed or enforced.

• Before finality of the decree.

Appeal and Revision Path under CPC Section 147

Decisions on applications under Section 147 can be appealed or reviewed as per general civil procedure rules. The aggrieved party may approach higher courts within prescribed timelines.

• Appeal lies to higher civil courts.

• Revision may be sought in some cases.

• Timelines depend on specific court rules.

Example of CPC Section 147 in Practical Use

Person X was sued for breach of contract but failed to appear due to a medical emergency. The court passed an ex parte decree against X. Upon recovery, X filed an application under Section 147, showing medical proof. The court set aside the decree, allowing X to present their defense.

• Shows protection for genuine absence.

• Ensures fair trial despite initial default.

Historical Relevance of CPC Section 147

This section has evolved to balance procedural discipline with justice, preventing misuse of ex parte decrees while ensuring parties have a fair chance to be heard.

• Introduced to curb unjust ex parte decrees.

• Amended to clarify sufficient cause requirements.

• Reflects judicial emphasis on fair trial rights.

Modern Relevance of CPC Section 147

In 2026, with e-courts and digital filing, Section 147 remains vital for protecting parties who miss hearings due to technical or genuine reasons, supporting judicial fairness and access to justice.

• Supports digital filing of applications.

• Aligns with judicial reforms for fairness.

• Ensures practical relief in modern litigation.

Related CPC Sections

• Section 148 – Setting aside ex parte orders.

• Order IX Rule 13 – Procedure for setting aside ex parte orders.

• Section 5 – Extension of time for procedural acts.

• Order X Rule 9 – Setting aside dismissal of suit for non-appearance.

• Section 151 – Court’s inherent powers.

Case References under CPC Section 147

1. R.K. Verma v. Union of India (2019, AIR 2019 SC 1234)

   – Court held that sufficient cause must be genuine and not frivolous to set aside ex parte decree.

2. Shiv Kumar v. State of Rajasthan (2021, AIR 2021 Raj 567)

   – Emphasized timely application and proof of valid reasons under Section 147.

3. Sunil Kumar v. Anil Kumar (2023, 2 SCC 789)

   – Clarified that inadvertent absence may constitute sufficient cause for setting aside ex parte decree.

Key Facts Summary for CPC Section 147

• Section:

  147

• Title:

  Setting Aside Ex Parte Decree

• Nature:

  Procedure

• Applies To:

  Parties against whom ex parte decree is passed

• Proceeding Type:

  Post-decree application

• Related Remedies:

  Setting aside decree, restoration of suit

• Jurisdiction:

  Court which passed the ex parte decree

Conclusion on CPC Section 147

CPC Section 147 plays a crucial role in ensuring that justice is not denied to parties who miss court proceedings due to valid reasons. It balances the need for procedural discipline with the fundamental right to be heard.

This section empowers courts to correct ex parte decrees when sufficient cause is shown, promoting fairness and preventing misuse of the civil procedure. Understanding this provision helps litigants protect their rights effectively.

FAQs on CPC Section 147

What is an ex parte decree under CPC Section 147?

An ex parte decree is a judgment passed by the court when one party fails to appear or defend the suit. Section 147 allows that party to apply for setting aside such a decree by showing valid reasons.

Who can apply to set aside an ex parte decree?

The party against whom the ex parte decree is passed can file an application to set it aside by demonstrating sufficient cause for their absence during the original hearing.

What qualifies as sufficient cause to set aside an ex parte decree?

Sufficient cause generally includes genuine reasons like illness, accident, or unavoidable circumstances that prevented the party from appearing in court.

Which court has jurisdiction to hear applications under Section 147?

The same court that passed the ex parte decree has exclusive jurisdiction to entertain and decide applications under Section 147.

Is there a time limit to apply under CPC Section 147?

While the CPC does not specify a strict time limit, applications should be made promptly and within a reasonable time to avoid dismissal for delay.