- Ex-Parte means when a case is decided in the absence of one party (usually the defendant) because that party did not appear in court, even after receiving proper summons/notice.
- For example, if the defendant fails to appear despite being served notice, the court can proceed ex-parte and pass a judgment in favor of the plaintiff.
Remedies Against Ex-Parte Decree (Civil Procedure Code, 1908):
- Application under Order 9 Rule 13 CPC
- The defendant can apply to set aside the ex-parte decree by showing:
- He was not properly served with summons, or
- He had a sufficient cause for non-appearance (illness, accident, unavoidable circumstances, etc.).
- The defendant can apply to set aside the ex-parte decree by showing:
- Appeal under Section 96(2) CPC
- The defendant can file an appeal against the ex-parte decree before a higher court.
- Unlike O.9 R.13, an appeal can also challenge the merits of the case.
- Review (Order 47 Rule 1 CPC)
- In limited circumstances, a review petition can be filed if there is an error apparent on the face of record.
- Revision (Section 115 CPC)
- In exceptional cases, the High Court may be approached under its revision jurisdiction.
Key Point:
- Remedy under Order 9 Rule 13 CPC is the most common and direct way to challenge an ex-parte decree.
- The defendant must show sufficient cause for absence, otherwise, the ex-parte decree stands valid.
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