What If the defendant appears on the final day of ex parte hearing

738 votes

If the defendant appears on the final day of hearing and make an appearance of record and submit his/her defense, then there will be no ex-parte. As per Rule 1 of Order VIII C.P.C the defendant has to submit written statement within 30 days of receiving of the summon. However in exception circumstances it is not more than 90 days. However non-appearance of the defendant on the date of hearing also does not simultaneously entail that an ex parte decree would be allowed. It depends upon various factors.

Advocate Pradipta Nath LawRato

669 votes

If the defendant appears before the passing of the ex parte order, court will grant him to enter and defend his case. However, he has to take leave from the court setting out the reasons what had withheld him from appearing or whether he had any knowledge of the said proceeding as he did not receive the summons. In such situation, it will be a contested divorce which shall be decided on basis of the evidences, arguments and merits of the case.

The same thing applies where ex parte order has been passed, which will be set aside if court is satisfied that there were reasonable ground which had withhold the defendant from appearing.

Advocate Robert D Rozario LawRato