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Ex parte

Term
CPC
Literal meaningFrom one side
Pronunciationex PAR-tay

A proceeding or order made when only one side is present or heard.

Example

The defendant is served with summons but does not appear. The court hears the plaintiff and passes an ex parte decree.

Statutory link
  • Order IX, Rule 6 of the Code of Civil Procedure, 1908: the court may proceed ex parte when the defendant does not appear.
  • Order IX, Rule 13: the defendant can apply to set aside an ex parte decree on showing sufficient cause.
Exam tip

Asked with Order IX CPC.

Memory trick

One party only.

Key takeaway

An ex parte order is made with only one side heard.

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