Default Judgment vs Ex parte decree.

Default Judgment

A default judgment refers to a judgment entered due to failure to file a defence, usually when the defendant appears in court but does not file a written statement of defence within the time prescribed. It is governed by Order VIII Rule 14 of the CPC. When this happens, the court may proceed to enter judgment based on the pleadings of the plaintiff, treating the defendant as having admitted the claims. No trial takes place since the facts are taken as undisputed due to lack of defence.

🟢 Key feature: The defendant was aware and present, but failed to defend. 

Ex parte Decree.

A decree is called “ex parte” when it is passed in the absence of the defendant after the court is satisfied that the summons was duly served, and the defendant failed to appear on the date of hearing. This is provided for under Order IX Rule 9 of the Civil Procedure Code, Cap. 33 R.E. 2019, which allows the court to proceed ex parte.

The resulting judgment or decree is what is legally and procedurally referred to as an ex parte decree.

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