Question

What is an ex-parte decree?

• A. A decree passed in absence of defendant
• B. A decree passed after full trial
• C. A decree passed by consent of parties
• D. A decree passed by appellate court

Hint:

Order IX Rule 6 = passing ex-parte decree; Rule 13 = setting it aside.

Answer 1

The Correct Option is A

Step 1: Meaning.
An ex-parte decree is a decree passed when the defendant, despite proper service of summons, does not appear in court.
Step 2: Provision.
Order IX Rule 6 CPC allows the court to proceed ex-parte if the defendant does not appear.
Step 3: Remedy.
Defendant may apply to set aside ex-parte decree under Order IX Rule 13 CPC if he shows sufficient cause for non-appearance.
Step 4: Conclusion.
Thus, an ex-parte decree is one passed in absence of the defendant.