Ex parte
Latin: From one side; on behalf of one party only
Also called: Ex parte decree, Ex parte order
Done in the absence of the other party, or on the application of one party only. In civil procedure, a hearing or decree against a defendant who does not appear after due service.
Explained
Ex parte describes a proceeding, order or decree made in the absence of, or without notice to, the opposite party. In civil procedure, it most often refers to a suit heard and decided when the defendant fails to appear. Under Order IX Rule 6 of the CPC, where the plaintiff appears and the defendant does not, and it is proved that the summons was duly served, the court may order that the suit be heard ex parte.
The CPC gives the absent defendant remedies. Under Order IX Rule 7, if he appears at an adjourned hearing and assigns good cause for his earlier absence, he may be heard in answer to the suit. Under Order IX Rule 13, he may apply to the court that passed the decree to set it aside, and the court must do so if he shows that the summons was not duly served or that he was prevented by sufficient cause from appearing. The second proviso bars setting aside merely for irregularity in service if the defendant had notice of the hearing date and sufficient time to appear. Under the Explanation, no application lies where an appeal against the ex parte decree has been disposed of on any ground other than withdrawal. An appeal also lies from an ex parte decree under Section 96(2). The limitation period for an application to set aside an ex parte decree is thirty days under the Limitation Act, 1963.
Ex parte orders are also made at interim stages. Order XXXIX Rule 3 requires notice before an injunction is granted unless delay would defeat its object; an injunction granted without notice must carry recorded reasons, and the applicant must at once serve the opposite party with the papers. Section 163 of the BNSS allows an urgent order on nuisance or apprehended danger to be passed ex parte in an emergency.
An ex parte decree is not always a decision on the merits. In International Woollen Mills v. Standard Wool (2001), a foreign ex parte decree passed without considering any evidence was held not to be given on the merits under Section 13(b) of the CPC and so not executable in India. Examiners test Order IX Rules 6, 7 and 13 and ex parte injunctions.
What the law says
[(a) When summons duly served.—if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte;]
(b) When summons not duly served.—if it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant;
(c) When summons served but not in due time.—if it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.
Court may hear the suit ex parte after due service
In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:
[Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim.]
Setting aside an ex parte decree
Where the Court has adjourned the hearing of the suit, ex parte, and the defendant, at or before such hearing appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance.
Defendant appearing at adjourned hearing with good cause
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed [ten thousand rupees].]
Sub-section (2) allows appeal from an ex parte decree
The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:
[Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—
(a) to deliver to the opposite party, or to send to him by [speed post with registration], immediately after the order granting the injunction has been made, a copy of the application for injunction together with—
Injunction without notice and conditions attached
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Urgent orders may be passed ex parte in emergencies
Earlier law: CRPC 144. Power to issue order in urgent cases of nuisance or apprehended danger.
For the exam
- Order IX Rule 6: ex parte hearing only after proof of due service.
- Order IX Rule 13: set aside for non-service or sufficient cause preventing appearance.
- No setting aside for mere irregularity in service if the defendant had notice and time.
- An appeal disposed of other than by withdrawal bars an Order IX Rule 13 application.
- Order XXXIX Rule 3: reasons must be recorded for an ex parte injunction.
292 questions in the Law Maker question bank use this maxim. Practise Civil Procedure Code questions
Judgments
Related terms
- Audi alteram partemA rule of natural justice that no one should be condemned unheard: a person affected by a decision must have notice of the case and a fair chance to answer it.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- Foreign judgmentThe judgment of a foreign Court, meaning a Court outside India not established or continued by Central Government authority. It is conclusive in India unless one of the six exceptions in Section 13 of the CPC applies.
- JudgmentUnder Section 2(9) of the CPC, the statement given by the Judge of the grounds of a decree or order.
- Suo motuAction taken by a court or authority on its own initiative, without an application or complaint from a party.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.