EX PARTE. REMEDIES UNDER THE CODE OF CIVIL PROCEDURE, 1908

An ex parte decree is a decree made against a person who was not present. The Code of Civil Procedure 1908 gives that person ways to undo the decision. This paper outlines the law on when a court can proceed without one party and on the options that follow: an application under Order IX Rule 13, an appeal under Section 96(2), review under Order XLVII, and, in rare cases, a suit on fraud. It argues that the courts have decided a plan. The appeal and the Rule 13 application are options that can be used together; the Explanation to Rule 13 stops the application once an appeal is decided on any reason other than withdrawal; and revision under Section 115 is not allowed against a refusal because an appeal is available under Order XLIII Rule 1(d). Supreme Court decisions up to April 2026 maintain a strict standard of good reason and reject strict arguments about delays. The paper ends with suggestions for changes in service of notices, delays and the reach of the Explanation.