In the realm of legal proceedings, an ex-parte decree represents a unique facet where judgments are rendered in the absence of one of the parties involved. Derived from the Latin term “ex parte,” meaning “on one side,” these decrees are issued when one party fails to participate in the legal process, leaving the court to make decisions without their input.
A decree against the Defendant without hearing him or in his absence/in absence of his defence can be passed under the following circumstances:-
- Where any party from whom a written statement is required fails to present the same within the time permitted or fixed by the court, as the case may be the court shall pronounce judgement against him, or make such order in relation to the suit as it thinks fit and on pronouncement of such judgement a decree shall be drawn up.
- Where Defendant has not filed a pleading, it shall be lawful for the court to pronounce judgement on the basis of facts contained in the plaint, except against person with disability.
- Where the Plaintiff appears and Defendant does not appear when suit is called up for hearing and summons is property served the court may make an order that suit will be heard ex parte.
If an ex-parte decree is passed and the Defendant satisfies that he was prevented by sufficient cause then he has the following remedies open:
- Prefer appeal against decree.
- Apply for Review.
- Apply for setting aside the Ex-parte Decree.
The words “Sufficient Cause” has not been defined and it will depend on facts and circumstances of each case. The Defendant is not entitled to approach the court to set aside the ex-parte decree as a matter of right. An ex-parte decree is an equally effective decree unless set aside in appeal or by the same court. The court, which passed exparte decree, has the power to set aside the decree.
Setting Aside an Ex-Parte Decree:
- Application for Setting Aside: The absent party can file an application to set aside the ex-parte decree, providing reasons for their non-appearance.
- Valid Excuse: Courts may consider setting aside the decree if the absent party can demonstrate a valid excuse for their failure to participate.
- Merits of the Case: The court evaluates the merits of the case and decides whether to maintain the ex-parte decree or reopen the proceedings.
Ex-parte decrees, while streamlining legal processes, underscore the importance of timely participation in legal proceedings. The provision for setting aside these decrees adds a layer of flexibility, recognizing that circumstances may arise that warrant a second look at a case. As legal systems evolve, the challenge lies in maintaining the efficiency of judicial processes while upholding the principles of fairness and due process for all parties involved.
