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-Team Lawisdom
09/09/2026

-Team Lawisdom

04/09/2026

⚖️ EX-PARTE DECREE: WHAT YOU NEED TO KNOWAn Ex-Parte Decree is a decree passed by a Civil Court in the absence of the de...
29/08/2026

⚖️ EX-PARTE DECREE: WHAT YOU NEED TO KNOW

An Ex-Parte Decree is a decree passed by a Civil Court in the absence of the defendant, when the defendant, despite being duly served with summons, fails to appear or contest the proceedings.

🔹 Key Points

📌 Governed by: Order IX, Code of Civil Procedure, 1908 (CPC)

📌 Not automatic:The plaintiff must still establish their case through pleadings and evidence.

📌 Valid & enforceable: An ex-parte decree remains legally effective unless it is set aside, reversed in appeal, or otherwise modified by a competent court.

🛡️ What Can the Defendant Do?

A defendant can generally:

1️⃣ Apply under Order IX Rule 13 CPC
Seek setting aside of the ex-parte decree by showing:

Summons were not duly served, or
There was sufficient cause for non-appearance.

2️⃣ File an Appeal under Section 96(2) CPC
An ex-parte decree can also be challenged by way of an appeal.

⚠️ Remember

Ex-Parte Order ≠ Ex-Parte Decree

An ex-parte order may be an interim/procedural order, whereas an ex-parte decree determines the rights and liabilities of the parties in the suit.

⚖️ In a Nutshell -

Defendant absent + Court proceeds with the suit + Plaintiff proves the case = Ex-Parte Decree

📚 Know your rights. Understand the procedure. Act within limitation.

With gratitude towards my parents, my family and my esteemed clients, I am extremely delighted to introduce my new law f...
08/08/2026

With gratitude towards my parents, my family and my esteemed clients, I am extremely delighted to introduce my new law firm 'Pai Samant & Associates' - a boutique law firm where you will find not only legal services pertaining to litigation and non-litigation but also notary services, law coaching and student mentoring and digital common services as well. I express my heartfelt thanks to my associates who have been instrumental in shaping Pai Samant & Associates and who have extended me seemless support in tackling the legal issues of my clients.

15th year in the legal profession with a new beginning! - Pai Samant & Associates!

07/07/2026
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06/07/2026

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29/04/2026

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15/04/2026

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