What is an Ex Parte Decree?
An Ex Parte Decree is a judgment passed by the court in favor of one party when the other party fails to appear, despite being duly served with a summons. The concept is governed by Order IX Rule 6 of the Civil Procedure Code (CPC), 1908.
The court assumes that the non-appearing party has either willfully avoided the proceedings or lacks interest in defending the case. Therefore, it permits the plaintiff to prove their claim and grants a decree accordingly.
When Can an Ex Parte Decree Be Passed?
The court may pass an ex parte decree in the following conditions:
- The defendant fails to appear on the date of hearing.
- The plaintiff proves that proper service of summons was completed.
- The court records the absence and allows the plaintiff to proceed with the evidence.
Is an Ex Parte Decree Final?
No, an ex parte decree is not final in all circumstances. The defendant has the right to apply for setting aside the decree under Order IX Rule 13 CPC.
To succeed, the defendant must prove either:
- Lack of proper notice or service of summons, or
- Sufficient cause for not appearing on the hearing date (e.g., illness, accident, or other unavoidable circumstances).
How Can a Party Set Aside an Ex Parte Decree?
Procedure:
- The defendant must file an application under Order IX Rule 13 CPC.
- The application must include affidavits and evidence supporting the reason for absence.
- If the court finds sufficient cause, it will set aside the decree and reopen the case.
However, if the defendant had knowledge of the hearing and deliberately avoided it, the court may reject the application.
What Happens After the Decree is Set Aside?
If the court sets aside the ex parte decree, the case reopens. The defendant gets a chance to file a written statement, and the court continues the proceedings as if both parties were present from the beginning.
Appeal and Revision Against Ex Parte Decree
The defendant can also:
- File an appeal against the decree under Section 96(2) of CPC, or
- Seek revision if procedural irregularity occurred.
These options may be available in addition to or instead of applying under Order IX Rule 13.