Response

The Rules of Rule 3 and Rule 4 of Order IX of the CPC respectfully provide that when neither party appears before a court on the proposed date, the suit shall be dismissed. The plaintiff can, however, file a new suit in the court if he is able to satisfy the court that there was a sufficient cause for his non-appearance in court.
Rule 6(1)(a) of Order IX of CPC allows the court to pass any judgement ex parte if the defendant fails to present himself in front of the court in the proposed date of the hearing. An Ex parte decree is neither void nor inoperative but it is voidable at the option of one party which may seek the order of annulment of the decree.

An application for setting aside the ex parte decree can be filed in front of the court which has passed such an order. However, in a case where the ex parte decree has been affirmed by any superior court, then the appeal to set aside the decree can be made in that superior court. The following are the grounds for applying for the order of setting aside decree against the ex parte judgement of the court.

Reference: EX-parte order – 202100499-20210041-5544

LAW5548

LAWAYZ-2023-37