All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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8.

An ex-parte decree implies that :

A: The plaintiff was not present in court and hence the decree was passed based on the basis of the plaint and the defendant's (or his pleader's) arguments.
B: A decree passed against several parties under a common order.
C: A decree passed without the presence of the defendant (or his pleader) in the court.
D: A decree passed only against one defendant when there are several defendants in a case.
E: Dismissal of a suit on ground of being barred by limitation.

The answer is: C

Explanation

C: A decree passed without the presence of the defendant (or his pleader) in the court.

Explanation:

An ex-parte decree is a legal judgment or decree that is passed by the court in favor of one party (usually the plaintiff) when the other party (the defendant) is absent or fails to appear in court. In an ex-parte proceeding, the court proceeds with the case and makes a decision in the absence of the defendant or their legal representative (pleader). Option C accurately describes the nature of an ex-parte decree.