Ex Parte

Ex parte refers to legal proceedings conducted with only one party present, without the opposing party having been notified or given an opportunity to participate. While this departs from the general principle of audi alteram partem, Indian law permits ex parte proceedings and orders in exceptional circumstances where urgency or necessity demands immediate judicial intervention.

Under the Code of Civil Procedure, 1908, ex parte decrees can be passed under Order IX Rule 6 when the defendant fails to appear despite proper service of summons. Such decrees can be set aside under Order IX Rule 13 if the defendant shows sufficient cause for non-appearance. Courts are generally liberal in setting aside ex parte decrees to ensure substantial justice.

Ex parte injunctions are commonly granted under Order XXXIX CPC where irreparable harm would occur if notice were given to the opposite party before the order. However, such orders are temporary, and the court must hear the other party at the earliest opportunity. The Supreme Court has laid down strict guidelines for grant of ex parte injunctions, emphasizing that they should be rare exceptions granted only in grave emergencies.