Author Topic: What is an exparte decree (civil)?  (Read 1032 times)

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Offline sithari

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What is an exparte decree (civil)?
« on: August 18, 2006, 07:03:52 PM »
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Sometimes instead of a summons, a person might be served with a copy of a decree already made against him in his absence. This is called as an exparte decree and is obtained by the plaintiff in a civil case without the defendant being heard.

It happens when the Defendant has either not appeared in Court on the summons returnable date or not filed his answer on the date given for it or failed to appear on the date fixed for hearing.

The procedure to set aside an exparte decree is set out in Chapter 12 of the Civil Procedure Code. If the Defendant becomes aware that the case has been fixed for exparte trial and enters appearance, the Court may with the consent of the Plaintiff but not otherwise set aside the order for exparte trial.

It allows the defendant to proceed with his defence subject to such terms such as costs as the Court desire. However, if the Plaintiff does not consent the case will proceed to exparte trial, decree will be entered and served on the defendant.

The defendant thereupon has four days in which to appear and satisfy Court that he had reasonable grounds for his default and ask the exparte decree to be set aside. A defendant who makes an application to set aside an exparte decree within 14 days of service has a right of appeal against a refusal to set aside the decree.

However, he has no right if he fails to appear within 14 days.

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