ex parte

A proceeding or order is ex parte when made in the absence of a party. In civil suits, if the plaintiff appears and the defendant does not, despite due service, the court may proceed ex parte under Order IX Rule 6 of the Code of Civil Procedure, 1908. The defendant may apply under Order IX Rule 13 to set aside an ex parte decree by showing that summons was not duly served or that he was prevented by sufficient cause from appearing.

Interim orders, such as ex parte injunctions under Order XXXIX Rule 3, may be granted without notice where delay would defeat the object, but the court must record reasons. An ex parte decree is not a nullity; it is valid until set aside.

Example

Since the summons had been served at a wrong address, the defendant could have the ex parte decree set aside under Order IX Rule 13 CPC.

In Indian law

• Order IX Rules 6 and 13, Code of Civil Procedure, 1908
• Order XXXIX Rule 3, Code of Civil Procedure, 1908: injunction without notice

See also

decree · defendant · dominus litis

Read more in the study notes

• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• The rule against bias (Administrative Law)
• Banking as a service: consumer protection and the RBI Ombudsman (Banking Law)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Foreign judgments (sections 13 and 14) (Civil Procedure Code and Limitation Act)
• Institution of suits and service of summons (sections 26 to 31, Orders IV and V) (Civil Procedure Code and Limitation Act)