What is an Ex Parte Decree ?
The Term ” Ex- Parte ” decree is not defined in the Code. It is the decree passed in the absence of Defendant. Order 9 Rule 6 provides that where the plaintiff appears but the defendant does not appear and the summons was duly served , the court may hear the suit ex parte and pass a decree against him.
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Supreme court in Ratna Raj by LRs V. Sri Muthukumarswamy Permanent fund Ltd held that a decree passed after Plaintiff’s evidence without appearance of defendant at the trial stage is an ex Parte decree.
Setting aside Ex Parte Decree
Order 9 Rule 13 of the Code provides for setting aside an ex Parte decree against the defendant.
Defendant may apply to the court which passed the decree to set aside the same on following grounds .
- The summon was not duly served on him.
- He was prevented by any sufficient cause from appearing when the suit was called out for hearing .
If the court is so satisfied,it will set aside the ex parte decree and appoint a day for proceeding with the suit .
Summons not duly Served : If defendant satisfies the court that summons was not duly served upon him,the court must set aside the exparte decree.
Sufficient Cause : The expression ” sufficient Cause ” is not defined in the code.It is a question of fact depending upon the factual matrix of each Case.
Extent of setting aside ex Parte Decree
As a General rule,the Court will set aside the decree against such defendant or defendant who made the application.
Proviso Order 9 Rule 13 lays down that if the decree is of such a nature that cannot be set aside against such defendant only,it may be set aside against other defandant also.
Once the decree is set aside,the suit is restored and the court will proceed to decide the suit and is stood before the decree.
Remedies available against Ex Parte Decree
Where an Ex Parte decree is passed against the defendant,he has following remedies :