Can ex parte decree be challenged?
Asked by: Dr. Enrique Steuber Sr. | Last update: February 19, 2026Score: 4.5/5 (27 votes)
Yes, an ex parte decree (issued without one party present) can absolutely be challenged through several legal avenues, primarily by applying to the same court to set it aside for reasons like improper summons or sufficient cause for absence (under Order IX Rule 13 in India), or by filing an appeal to a higher court (under Section 96(2) CPC) if the decree is flawed on merits or procedure, with options for review also sometimes available, but acting quickly and consulting a lawyer is key.
How to challenge ex parte decree?
The defendant can also make an appeal against the ex parte decree under Section 96 (2) of the Code before the special bench of the High Court. The defendant has a statutory right to appeal under Section 96 (2) of the Code and it can not be denied because the application filed under Order 9 Rule 13 was dismissed.
Can an ex parte order be overturned?
Can an Ex Parte Order Be Overturned? You can get an ex parte order overturned. If the judge in your case issues a temporary order, you'll receive notice of another hearing – the one in which the judge will decide whether to let the order expire or to make it permanent.
What is the limitation for challenging ex parte decree?
thirty days 'to set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte,' and the starting point of limitation given is 'the date of the decree or, where the summons or notice was not duly served, when the applicant had knowledge of the decree.
How to fight an ex parte order?
If you read the Ex Parte Application and decide to oppose it you should do it in writing. Many California Superior Courts decide ex partes without argument or an in person hearing. The Courts often decide the ex parte based exclusively on the application and any written opposition.
Ex-Parte Decree Cancellation issues During Civil Litigation in Pakistan.
What orders cannot be appealed?
Rule 43 of the High Court rules offers a mechanism for a spouse in divorce proceedings to approach the court for an interim order granting them child and/or spousal maintenance pending finalization of the divorce. It has always been a well-established fact that these orders cannot be appealed.
What are the grounds for setting aside ex parte judgment?
It noted that courts are empowered to make orders to serve the ends of justice, including setting aside ex parte decrees if the applicant demonstrates sufficient cause, such as lack of proper service or prevention from appearing due to justifiable reasons.
Is an ex parte decree always final?
Are ex parte orders permanent? Ex parte orders are typically temporary. They usually remain in effect only until a full hearing can be held with both parties present, usually within 10 to 20 days, depending on the jurisdiction.
Why would an ex parte be denied?
An ex parte motion is denied when a judge finds no true emergency or irreparable harm, meaning the situation isn't urgent enough for a hearing without the other party present, or when the applicant fails to provide sufficient, credible evidence or follow proper procedures, such as failing to give adequate notice or making the matter too complex for the expedited process. Judges deny these emergency requests when the crisis seems to have passed or if the filing party is misusing the process for routine disagreements.
What are the disadvantages of ex parte?
The main disadvantages of ex parte (one-sided) legal actions are severe risks to due process, creating bias, undermining public trust, and potential legal penalties, as they allow one party to present information without the other's input, leading to incomplete records, potential manipulation, and unfair rulings, especially when used for non-emergency situations.
What is the remedy for ex parte order?
“When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.
What looks bad in a custody battle?
In a custody battle, bad behavior that looks bad to a judge includes parental alienation (badmouthing the other parent to kids), dishonesty, interfering with parenting time, emotional outbursts, making threats, using the child as a messenger, and failing to prioritize the child's needs over conflict, as courts focus on the child's best interests, not parental disputes. Actions like substance abuse, criminal issues, or creating instability for the child also severely harm your case.
How to win ex parte?
There must be an emergency
An emergency means there's immediate danger of one (or more) of these things: Irreparable harm to someone in the case (usually you or your child) Immediate risk that the child will be taken from California. Loss or damage to property.
Can an ex parte be appealed?
The party aggrieved by an ex parte order must first move to vacate or set aside the order and then appeal from the decision on the motion.
What is the time period for ex parte?
Limitation on Filing the Application for Setting Aside an Ex Parte Decree. Limitation period for filing an application for setting aside an ex parte decree is 30 days from the date of knowledge of the decree.
How to challenge a decree?
Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
Do family court judges see through lies?
Yes, family court judges are trained to spot lies and inconsistencies, and they often see through dishonesty, especially when it's exposed through skilled cross-examination, contradictory evidence, or unbelievable stories, which significantly damages a party's credibility and can sway rulings against them. Judges rely on evidence and credibility, and while minor fibs might be overlooked, major lies about critical issues (like income or abuse) can lead to severe consequences for the dishonest parent, as truthfulness is foundational to the court's integrity.
What is the 10 10 10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Can an ex parte decree be challenged?
There are two simultaneous remedies available against Ex parte decree i.e. defendant can file appeal or can file application under O. 9, R. 13 to set aside ex parte decree.
What is the limitation period of ex parte decree?
Article 164 applies to an application by a defendant for an order to set aside a decree passed ex parte. The 30 days' period of limitation prescribed for such an application commences from the date of the decree or where the summons was not duly served, when the applicant had knowledge of the decree.
What proof is needed for an ex parte order?
Requirements for ex parte custody orders
You must demonstrate that there is an imminent threat to your child's health and safety. For example: Your child is being abused or neglected. There's a risk of parental abduction.
How to object to an ex parte?
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
What is the order of ex parte decree?
An 'Ex parte decree' is a decree passed against a defendant in absentia. Despite service of summons, where on the date of hearing only the plaintiff does and a defendant does not appear, the court may hear the suit ex parte and pass a decree against the defendant.
What is the order 9 rule?
On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.