In most court cases, both parties get a fair chance to argue. But when one side refuses to appear even after proper notice, the court doesn’t wait forever. In such cases, the court proceeds ex parte.
What Does Ex Parte Mean?
Ex parte is a Latin term meaning “from one side only.”
In simple words, an ex parte proceeding happens when the court hears and decides a case without the other side’s participation.
The absent party doesn’t lose automatically — but they lose the chance to present their case at that stage.
Legal Basis for Ex Parte Proceedings in India
Indian law defines the procedure for ex parte proceedings mainly through:
- Order IX, Rule 6 of the Code of Civil Procedure (CPC), 1908
- Order IX, Rule 13 CPC — how to set aside an ex parte decree
- Provisions in Arbitration Act and Family Laws also permit ex parte decisions where needed.
When Can a Court Pass an Ex Parte Order?
Courts pass ex parte orders in cases where:
- A defendant or respondent fails to appear even after receiving a valid summons.
- A party repeatedly misses hearings without any justified reason.
- A respondent ignores notices in arbitration or maintenance cases.
Thus, courts proceed ex parte to prevent delays and maintain judicial discipline.
Ex Parte Decree in Civil Cases
When the defendant skips the hearing:
- The plaintiff must still prove their case with evidence.
- The court evaluates the material and passes a reasoned decree.
- Courts ensure that they don’t grant relief blindly — they insist on merit.
Thus, ex parte does not mean automatic victory; it means judgment based on one-sided evidence.
How to Set Aside an Ex Parte Decree
If a defendant feels wronged by an ex parte decree, they can:
- File an application under Order IX, Rule 13 CPC.
- Prove that they either did not receive summons properly or had a sufficient cause for missing the hearing.
If the court accepts the explanation, it sets aside the decree and restores the case for fresh trial.
Important Case Laws on Ex Parte Orders
✅ Arjun Singh v. Mohindra Kumar (1964)
The Supreme Court ruled that defendants must explain their absence clearly if they seek to set aside an ex parte decree.
✅ Sangram Singh v. Election Tribunal (1955)
The Court observed that while procedures are necessary, they should not defeat justice. Judges must ensure that justice isn’t sacrificed for technicalities.
Ex Parte Orders in Other Legal Fields
- In arbitration cases, if one party refuses to participate, arbitrators may continue proceedings and deliver an ex parte award under Section 25 of the Arbitration and Conciliation Act, 1996.
- In family law matters like maintenance or divorce, if one party does not attend hearings, courts often grant ex parte relief after reviewing available evidence.
Ex Parte vs Default Judgment
Many students confuse the two terms. Here’s a quick difference:
| Feature | Ex Parte Order | Default Judgment |
|---|---|---|
| Meaning | Court proceeds without one party | Party fails to defend (no written statement or appearance) |
| Based on | One-sided evidence | Absence of defence |
| Common In | Civil suits, arbitrations | Recovery suits, small claims courts |
Conclusion: Ex Parte Orders Keep the Court System Moving
Courts use ex parte proceedings to prevent one party from delaying justice. Still, they ensure that judgments are based on merit and evidence, not just technical absence.
If a party genuinely missed a hearing due to unavoidable reasons, courts offer remedies to set aside ex parte decrees. Thus, the system strikes a balance between discipline and fairness.
