Ex parte
یکطرفہ
Civil
Ex parte describes a court order or decree passed in the absence of one party who was properly summoned but did not appear.
What does Ex parte mean in plain words?
If a defendant who was duly served does not appear on the hearing date, the court can go ahead without him (Order IX rule 6) and may decide the case against him. The absent party can later apply to the same court to set the ex parte decree aside if he shows the summons was not duly served or that he had a sufficient cause for his absence (Order IX rule 13).
When will I hear Ex parte?
The suit was decreed ex parte, so he filed an application under Order IX Rule 13.
Which law covers Ex parte?
Order IX Rules 6 and 13, Code of Civil Procedure 1908
Which related terms should I know?
Common questions about Ex parte
- Can an ex parte decree be cancelled?
- Yes. The affected party can apply to the same court to set it aside under Order IX Rule 13, showing summons was not served or there was a sufficient cause for absence, within the limitation period.