ex party order and ex party decree

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. 

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

Academic queries are not answered here

What are the facts? What is the context?

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.

Regards,

Palak