Ex parte
A step taken by a court in the absence of one party, usually because that party did not appear after being served. An ex parte decree can be set aside if there was sufficient cause for not appearing.
Ex parte means on behalf of one side only. When a defendant is properly served but does not appear, the court can proceed ex parte, hear the plaintiff alone, and pass an ex parte decree. Courts also pass ex parte interim orders in urgent cases before the other side is heard.
The law behind it
Order IX of the Code of Civil Procedure, 1908 deals with appearance and non-appearance. Under Rule 6, the court may proceed ex parte if the defendant does not appear after due service. Under Rule 13, a defendant can apply to set aside an ex parte decree by showing that summons was not duly served or that sufficient cause prevented them from appearing. The application must be made within 30 days of the decree, or of learning of it where summons was not duly served (Article 123 of the Limitation Act, 1963).
If an ex parte decree is passed against you
- Get a certified copy of the decree and the order sheet.
- Apply under Order IX Rule 13 within the time limit, with an affidavit explaining your absence.
- Consider an appeal at the same time if the decree is wrong on merits.
- Ask for a stay of execution while the application is heard.
Avoid it
Keep your address updated with the court and the other side. Many ex parte decrees follow notices sent to an old address.
Draft a restoration application.
Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.