LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nisha Ughade   06 April 2022

ex party order and ex party decree

plz explain the difference between ex party order and ex party decree??


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 April 2022

Ex parte hails from the latin language which means 'by or for one party' or 'by one side'. An ex parte decree is a decree which is passed in the non-appearance of the opposition.the court may hear the case ex parte and order the decree against him. 

Dr J C Vashista (Advocate)     07 April 2022

What is the relevance / dispute / your concern / locus standi qua ex-parte order or decree, if it is not an examination paper ?


sridhar pasumarthy (ADVOCATE)     07 April 2022

Academic queries are not answered here

P. Venu (Advocate)     07 April 2022

What are the facts? What is the context?

Palak batra   08 April 2022

Dear Querist,


An ex-parte decree basically is passed in the non-appearance of the opposition. The case must be heard in the presence of both the parties as per the natural justice and parties should be given equal opportunity to present themselves. It is mentioned in Order IX of Civil Procedure Code, 1908.


And then the order is passed after the decree. These orders are voidable until they are annulled; they stay legal and valid in the eyes of law. An order is a suit set aside within the meaning of sec.115 of cpc. 


The high court can also exercise the jurisdiction under Article – 227 of the Constitution in such cases.




Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register