set aside

When a higher court or the same court sets aside an order, the order ceases to operate, and the position returns to what it was before (unless the court directs otherwise, such as a remand for fresh decision). Common examples are setting aside an ex parte decree under Order IX Rule 13 CPC, and setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996.

“Set aside” is different from “stay”: a stay only suspends the order for the time being, while setting aside removes it. It also differs from “modify”, which keeps the order with changes.

Example

The defendant showed he was not duly served, so the court set aside the ex parte decree and restored the suit.

In Indian law

• Order IX, Rule 13, Code of Civil Procedure, 1908 (setting aside ex parte decree)
• Section 34, Arbitration and Conciliation Act, 1996 (application for setting aside arbitral award)

See also

ex parte · stay · quash · arbitral award

Read more in the study notes

• The rule against bias (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)