Ex-parte Decree – My Blog

Ex-parte Decree passed in favour of appellant could not have been enforced by filing the writ petition. The procedure for getting the execution of the ex-parte decree is specifically provided in the C.P.C. the appellant chose a wrong forum. Ghulam Mustafa v. Azad Govt. 1996 SCR 7 (E)
Ex-parte Order vacation of — If an ex-parte order has been passed against a defendant he cannot ask for re-opening of the proceedings unless he shows sufficient cause but he can join at anytime from the stage which has already been reached. The purpose to be thus achieved is that process of law is not hindered — This principle has to be liberally construed as it favours decision on merits which is the policy of law — Further held: That the principle that a defendant can join at hearing of the case from the stage of appearance is the reference to the stage of the case and not of a particular defendant or respondent. M/s Amin Spining v. National Bank of Pakistan and 7 others 1996 SCR 252 (A)
If previous suit only the Government and the Settlement Organisation were impleaded as respondents — Ex parte decree only binds those who were impleaded as respondents. Muhammad Afsar Khan v. Khalif and others 1997 SCR 358 (B)
Respondents after submitting written statement went absent on account of which ex parte decree was passed — Similarly after filing application for setting aside ex parte decree respondent exhibited the same conduct—Held: that does not mean that the Court should flout the law — The law has to be applied as it is and due process of law has to be observed before passing any order even if it is ex parte — Ex parte order does not mean that anything can be ordered whether it is lawful or not — The requirements of procedure and law have in any case to be fulfilled — Even if a party has absented — Ex parte proceedings or decree is not for punishing the absentee but a device for finalizing the litigation on the basis of available record on merits — Held further: The judgment has to be based on evidence and record and must not be contrary to law — The case has to be proved even ex parte for being entitled to a decree — Although the C.P.C. does not prescribe any procedure to be followed in hearing the ex parte matters but the consistent practice of the Courts and judicial norms are that ex parte decree has to be based on evidence and supported by law and it cannot be granted without applying mind to the case and deciding it in accordance with law. Ghulam Nabi v. Azad Kashmir Logging & Saw Mills Corporation 2007 SCR 381 (A)