Ex Parte Decrees under the Civil Procedure Code (CPC)

Introduction
Definition of Ex Parte Decree
Legal Provisions
Preconditions for an Ex Parte Decree
Procedure for Obtaining an Ex Parte Decree
Setting Aside an Ex Parte Decree
Consequences of an Ex Parte Decree
Strategic Considerations
Conclusion
Checklist and Templates
FAQs

1. Introduction

The Ex Parte Decree is a crucial aspect of litigation under the Civil Procedure Code. It involves the court passing a judgment in the absence of one of the parties. This practice note serves as a comprehensive guide for lawyers dealing with Ex Parte Decrees, providing insights into the prerequisites, procedures, implications, and strategic considerations.

2. Definition of Ex Parte Decree

An Ex Parte Decree is a decree passed by a court in the absence of the defendant, after ensuring that the summons was duly served. It is primarily passed when the defendant fails to appear before the court to present its case.

3. Legal Provisions

Section	Description
Order 9, Rule 6	Provides the procedure when the defendant does not appear.
Order 9, Rule 7	Procedure where the defendant appears after the filing of the plaint and before the framing of issues.
Order 9, Rule 11	The court may, in its discretion, make the ex-parte decree absolute or pass such other decree as it thinks fit.
Order 9, Rule 13	Allows the defendant to set aside an ex parte decree under certain circumstances.

4. Preconditions for an Ex Parte Decree

Proper Service of Summons: The court must be satisfied that the summons was duly served.
Non-appearance of Defendant: The defendant should not be present or represented in the court on the date of hearing.
Compliance with CPC and Court’s Rules: The plaintiff must comply with all relevant provisions of the CPC and the rules of the court.

5. Procedure for Obtaining an Ex Parte Decree

Filing of Suit: The plaintiff files the suit.
Service of Summons: The court issues a summons to the defendant.
Non-appearance of Defendant: If the defendant fails to appear or respond.
Ex Parte Hearing: The court proceeds ex parte.
Evidence by Plaintiff: The plaintiff must produce evidence supporting its claims.
Decree: If the court is satisfied, it may pass an ex parte decree in favor of the plaintiff.

6. Setting Aside an Ex Parte Decree

Application by Defendant: The defendant must file an application under Order 9, Rule 13 of CPC.
Grounds: The defendant must show sufficient cause for his non-appearance.
Time Limit: Typically within 30 days from the date of the decree or such time as the court may permit.
Court Discretion: The court has discretion in granting or rejecting the application.

7. Consequences of an Ex Parte Decree

Binding on the Parties: It has the same force and effect as a decree passed after a full-fledged trial.
Execution of Decree: The plaintiff can seek to execute the decree.
Effect on Subsequent Proceedings: It may affect the course of subsequent legal proceedings between the parties.

8. Strategic Considerations

Timely Action: It’s important to act promptly in pursuing or defending against an ex parte decree.
Thorough Evidence: For plaintiffs, it’s crucial to provide comprehensive evidence.
Legal Advice: Seek competent legal advice on the intricacies involved.
Alternative Remedies: Consider alternative remedies that might be available.

9. Conclusion

An Ex Parte Decree is an essential instrument under CPC, and it’s imperative for lawyers to have an in-depth understanding and strategic approach to effectively navigate through the legal processes.

10. Checklist and Templates

Checklist	Description
Proper Service of Summons	Ensure that the summons was properly served.
Compliance with CPC and Court’s Rules	Verify compliance with all relevant legal provisions.
Evidence Preparation	Prepare all necessary evidence in advance.
Monitor Court Dates	Keep a close watch on the court dates to avoid adverse ex parte orders.

11. FAQs

Question	Answer
What is the time limit to set aside an ex parte decree?	Typically 30 days from the date of the decree.
Can an ex parte decree be appealed?	Yes, like any other decree.
Is it mandatory for the court to pass an ex parte decree if the defendant does not appear?	No, it is at the discretion of the court.

This practice note is intended to be a comprehensive guide for lawyers handling cases involving Ex Parte Decrees under the Civil Procedure Code. It is essential for lawyers to approach these cases with thorough preparation and an understanding of the legal provisions and practical implications involved.