Clarification on Ex parte decision.

583 votes

Hi
Ex-parte means that the other side did not contest the proceedings and hence the court orders decree in favour of petitioner.
Ex-parte is NOT a 100% win, but a WIN to a limited extent .
The person against whom an ex-party order was made can always appeal in higher courts and rescind the ex-parte order, provided he appeals against the order within the limitation period.

Advocate Rajagopalan LawRato

740 votes

Exparte(one-sided) is when the case is proceeded without one's hearing /argument. This is when one do not put up appearance before the court even after the receipt of summons/notices from the court. The other instance is when one appears before the Court after receiving the summons/notices and do not file a counter/written statement even after the opportunity is given by the court. In this case one is allowed to cross examine the witness of the Petitioner. But he will not be allowed to put his or her evidence because he or she has no pleadings before the court to prove. Exparte decision is a judicial decision. It means court will pass a decree only if the Petitioner or Plaintiff proves his or her case. So a Win or Loss is on the strenght of the case and the proof before the Court . Ex parte decree is not mechanical. It is passed under proper judicial process.

Advocate C Hari Prasad LawRato