Example Of Ex Parte Order
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How to fill out Arkansas Affidavit For Ex Parte Order For Temporary Relief?
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FAQ
In family law, an ex-parte divorce is a type of divorce, in which one spouse has filed for divorce without the consent of the other spouse. In such a divorce, the court may grant the divorce without the other spouse being present in court.
Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.
As a rule of procedure, if the defendant does not appear on the day fixed for hearing, the court can order to proceed ex parte. In other words, the trial will continue on merits at the option of the plaintiff even though there is no defendant to put his defence.
The following remedies are available to a defendant who has been served with an ex-parte decree: Application to set aside the ex-parte decree under order 9 rule 13. Appeal against the decree under section 96(2) of CPC. File a revision under section 115 of CPC. Apply for review under order 47 Rule 1.
Once the proceedings in the civil suit have been declared ex parte by the order of the court, unless the said order is set aside, the pleadings, documents, and evidence filed by the defendant in the suit shall not be considered by the court in deciding the suit.