Ex parte means proceeding in the absence of the other side. In a civil suit, Order IX rule 6 of the Code of Civil Procedure, 1908 addresses the situation where the plaintiff appears and the defendant does not when the suit is called for hearing.
First published: 27 March 2026. Updated: 1 November 2026 (IST).
Legal basis
If due service of summons is proved, the court may order an ex parte hearing. If service is not proved, a further summons is required; if service left insufficient time to appear, the hearing must be postponed with notice. Rule 13 separately allows an application to set aside an ex parte decree where summons was not duly served or sufficient cause prevented appearance.
Source: Code of Civil Procedure, 1908, Order IX Rules 6 and 13 — official text.
Practical significance
An ex parte hearing and an ex parte decree describe different stages. An absent defendant should examine the actual order, service record and applicable remedy promptly. Rule 13 does not permit setting aside a decree merely for a service irregularity if the defendant had notice and sufficient time; its explanation also limits the route after disposal of an appeal, except withdrawal. Applicable State amendments, court rules and any special statutory procedure must be checked for the particular proceeding.
Related terms
Frequently asked questions
Does absence automatically permit an ex parte hearing?
Rule 6 requires the court to consider service and the time available to appear.
Where is a rule 13 application made?
To the court that passed the ex parte decree.
Is every service irregularity enough?
No. The proviso protects a decree where the defendant had notice of the hearing date and sufficient time to appear and answer.