An ex-parte order is a decision passed by a court when one party is absent during proceedings, usually due to failure to appear despite receiving notice.

While courts can proceed ex-parte to avoid delays, the principle of fair hearing remains important.

When Are Ex-Parte Orders Passed?

• Failure to appear despite proper notice

• Avoiding court proceedings

• Urgent situations requiring immediate relief

How Can It Be Challenged?

1. Setting Aside Ex-Parte Decree
Order IX Rule 13, CPC
A party can request the court to set aside an ex-parte decree by showing:

• Improper service of summons, or

• A sufficient reason for non-appearance

2. Appeal Against Ex-Parte Decree
Section 96(2), CPC
An ex-parte decree can also be challenged through an appeal.

Key Case Laws

Parimal v. Veena (2011)
The Supreme Court held that a genuine reason must be shown for absence; negligence alone is not enough.

Sangram Singh v. Election Tribunal (1955)
The Court observed that procedural rules should support justice and not prevent a fair hearing.

Key Takeaway

An ex-parte order is not the end of legal remedies. The principle of “audi alteram partem” (right to be heard) allows a party to seek relief when valid reasons prevented their appearance.