What is Ex-parte decree? What is the remedy of ex-parte decree under code of civil procedure?

Ex parte is a hails from Latin language which means 'By or for one party' or 'by one side”. According to principle of natural justice a case must be decided in presence of both the party and both the parties must be given proper opportunity to present them. However in some circumstances a court can award an ex parte decree. An ex parte decree is a decree passed in the absence of the defendant (in absenti). Where the plaintiff appears and the defendant does not appear when the suit is called out for hearing and if the defendant is duly served, the court may hear the suit ex parte and pass a decree against him. Such a decree is neither null and void nor inoperative but is merely voidable and unless and until it is annulled on legal and valid grounds, it is proper, lawful, operative and enforceable like a bi parte decree and it has all the force of a valid decree. 

Remedy of ex-parte decree

According to Section 96(2) of Code of Civil Procedure 1908

An appeal may lie from an original decree passed ex parte.

According to Order XLVII Rule 7(2) of Code of Civil Procedure 1908 

Where the application has been rejected in consequence of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the court shall order it to be restored to the file upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.

According to Order IX Rule 13 of Code of Civil Procedure 1908 

In any case in which a decree is passed ex parte against a defendant, he may apply to the court by which the decree was passed for an Order to set it aside; and if he satisfies the court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an Order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be sent aside as against all or any of the other defendant also:

Provided further that no court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff’s claim.

According to Order IX Rule 13A of Code of Civil Procedure 1908 

Notwithstanding anything contained in rule 13 or any other law, the Court may, in order to avoid delay and expedite disposal, directly set aside the decree without requiring the defendant to adduce evidence to satisfy it about sufficient
causes as required under rule 13, but requiring him to pay such cost not exceeding three thousand taka as it may deem appropriate and determine;


Provided that the decree under this rule shall not be set aside unless an application, supported by affidavit, praying for setting aside the decree is made to the Court within thirty days of the date on which the decree is passed by the defendant who
appeared and filed written statement:

Provided further that no decree shall be set aside more than once under this rule at the instance of the same defendant.

(2) As soon as an order under sub-rule (1) is made setting side an ex parte decree, the Court shall cause notice thereof to be served at the cost of the defendant upon the plaintiff