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      • In civil suits, if the plaintiff is present, but the defendant is absent, and summons are issued, the Court may proceed against the absent defendant and pass an ex-parte decree. The court is authorized to do so under Order 9 Rule 6 of the CPC.
      www.lawinsider.in/columns/when-can-court-grant-ex-parte-order
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  2. Aug 25, 2022 · The order states that if the defendant does not appear before the court despite having summons served on him, the court can pass an ex parte decree. But if the summons is not duly served, the court will issue another summons to the defendant.

    • Rachit Garg
  3. Under Order 9, Rule 6 (1) (a) the court may proceed ex-parte and pass an ex-parte decree when it deems fit that the defendant has absent himself from the court on the date of hearing stated in the summons served to him in accordance with the provisions of the Code.

  4. Sep 7, 2023 · When is an Ex-Parte Decree Passed. CPC provides for passing of an Ex Parte Decree wherever the presence of the defendant is required under the code and the defendant fails to appear. Following are the instances where the court can pass an Ex Parte Decree: 1. Order 8, Rule 10.

  5. Aug 1, 2011 · Courts have to be very careful in imposing ex parte orders. If an injunction has been granted on the basis of false pleadings or forged documents (which is very often the case in India) courts must impose costs on the litigants.

    • Divij Joshi
  6. Aug 25, 2019 · When the suit is called out for hearing and the plaintiff appears and the defendant does not appear and summons is duly served, the court may proceed ex parte against him and can pass a decree called ‘ex partedecree.

  7. Mar 18, 2020 · However in certain circumstances a court can pass an ex parte decree. When one of the parties appears and the other doesn’t, at the time when the case is called out for hearing and the opposite party is duly served with the summon of appearance, then the court may hear the case ex parte and order the decree against him.

  8. Court/Tribunal without showing sufficient cause, the Court/Tribunal can proceed ex parte and pass an ex parte award. The award, ex parte or otherwise, has to be sent to the appropriate Government as soon as it is made and the appropriate Government has to publish it within 30 days of its receipt. The award thus published becomes enforceable