Thank you for your question.
Ex- parte Decree is given under Order 9 Rule 13 of the Civil Procedure Code, which is passed against a defendant in absentia. If an ex parte decree is passed despite due notice does not cause failure to justice.
The right to be heard in a suit is one of the important principles of natural justice. And even after giving sufficient opportunity, if the party does not avail it, the court hears the suit ex parte. A decree based on compromise cannot be treated as an ex parte under O 9, R 13. However, non- appearance of one party does not entail that an ex parte decree would follow.
In order to set aside this decree the petitioner needs to satisfy the court that he had sufficient cause for his absence on the date of hearing and when the evidence was called for hearing. An application under Order 9 Rule 13, cannot be entertained on moral or humanitarian grounds.
Relief against Ex parte decree-
- He may ask for setting aside the decree on the grounds of summons not duly served, conditional relief. In the case of Guwahati University v. Niharalal Bhattacharjee, the Supreme Court held that the limitation period for filing an application for setting aside is 30 days from the date of knowledge of the decree.
- He may prefer an appeal against the decree under Section 96(2) of CPC.
- He may apply for revision of the decree under Rule 1 of Order XLVII.
- He may apply on fraudulent grounds.
In the case of Bhanu Kumar Jain v. Archana Kumar, it was held that “a right to question the correctness of a decree in a first appeal is statutory right. Such right shall not be curtailed nor shall any embargo be fixed upon unless the statute expressly says so.”
Talking about the jurisdiction, the court having the jurisdiction over the area in which the defendant resides or where the cause of action arises, is a competent court to try the matter. Here, if the cause of action arose in the native state, then the court had the jurisdiction to try the suit.