An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant. The legal validity, enforceability and operation of such decree is similar to any bi-parte decree. The article critically analyses various provisions in the Code of Civil Procedure, 1908 pertaining to ex parte decree. Part I of the article enumerates the nature of an ex parte decree and cause of an ex parte decree. Part II titled Relief Available Against an ex parte deals with various remedies available to the person against whom an ex parte decree is passed and the abuse of such remedies. Ascertaining the nature of the decree whether it is an ex parte decree is a mixed question of law and fact.

Asha Antony

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