Ex Parte Flashcards
What is an ex parte decree?
An ex parte decree refers to a judgment or decree passed by a court in the absence of one of the parties to the suit, usually the defendant. The term “ex parte” means “from one side.”
When is an ex parte decree passed?
An ex parte decree is passed when the court is satisfied that the defendant, despite being duly served with summons, has not appeared or filed the necessary pleadings within the stipulated time.
What are the conditions for passing an ex parte decree?
- Failure to Appear: The defendant must fail to appear in court after being properly served with the summons.
- Failure to File Response: The defendant may fail to file a response to the plaintiff’s claim.
- Duly Served Notice: The plaintiff must show proof that the defendant was duly served with a notice of the suit.
What remedies are available to challenge an ex parte decree?
The party against whom an ex parte decree is passed has several remedies available to challenge or set aside the decree.
What is the primary remedy for setting aside an ex parte decree?
The primary remedy is to file an application for setting aside the ex parte decree under Order IX, Rule 13 of the CPC.
What are the grounds for setting aside an ex parte decree?
- Lack of Proper Service: If the defendant was not properly served with summons.
- Sufficient Cause for Non-Appearance: The defendant must demonstrate a valid cause for their failure to appear.
What is the time limit for filing an application to set aside an ex parte decree?
The application must be filed within 30 days from the date of the ex parte decree, though the court may extend this period upon showing sufficient cause.
What is the procedure for filing an application to set aside an ex parte decree?
The defendant must file an application in the same court that passed the ex parte decree, explaining their failure to attend court and providing supporting evidence.
What is the process for appealing an ex parte decree?
The defendant may file an appeal under Order XLI of the CPC within 30 days from the date of the decree if the application to set aside is rejected.
What is the review process for an ex parte decree?
A review petition can be filed in the same court that passed the decree if there is an error apparent on the face of the record or new facts have come to light.
What is an application for re-hearing in the context of an ex parte decree?
If the ex parte decree was passed due to the absence of the defendant, they may apply for a re-hearing, demonstrating that the absence was beyond their control.
