A suit is filed by the plaintiff against the defendant. Then the suit is posted for appearance of the defendant. If on the date to which the suit is posted for appearance of the defendant, the defendant fails to appear before the court either by himself or by pleader, he will be called absent and suit will be proceeded ex parte.
In this case the court will only hear one party ie the plaintiff. The suit may be decreed later upon the evidence of the plaintiff. The defendant can later apply to the court for setting aside the exparte decree. There are various remedies provided by law in the case of ex parte decrees. They are as follows:
1. The defendant can apply to the court for setting aside the ex parte decree. This is given to the court which passed the decree. Order 9 Rule 13 of the Code of Civil Procedure deals with this application.
2. The defendant can file an appeal against the ex parte decree under Section 96(2).
3. The defendant can prefer a review under Order 47 Rule 1 of CPC.
4. The defendant can even file a suit to set aside the ex parte decree on the grounds of fraud in obtaining the ex parte decree.