Ex Parte Application Format India
Description
How to fill out Motion For Permission To Proceed Ex Parte On Applications For Funds?
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FAQ
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 application for setting aside an ex-parte decree is a crucial legal remedy available to parties who have been adversely affected by a court's decision made without their presence or knowledge. This abstract provides an overview of the topic, highlighting the key aspects to be covered in the article.
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.
Under Order 9, Rule 6(1)(a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in ance with the provisions of the Code.
Ex parte evidence, therefore, signifies the collection and examination of the evidence of only one party to the dispute before the adjudicating authority thereby abstaining the other from presenting the same. Often judicial decisions are also reached by means of ex parte evidence.