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From, of, or by one side, or by one party; hence partial, done for or by
one party; on the application of one party. The expression is used to
signify something done or said by one person not in the presence of his
opponent. An ex parte decree is one passed in favour of plaintiff in the
absence of the defendant. The word “ex parte” admits of no other
interpretation than to mean an order passed in the absence of any of the
contending parties. ….. [Maksud Ahmed Vs Sunil Kumar. (1979) 31 DLR
275.]
The term 'ex parte' is applied in law to a proceeding by one party in the
absence without notice to the other and carries with ill the connotation
that a Court or a Judge has proceeded in the absence of the. Other party
when it could have had the other party before it or when it was not
presented by law fromthe hearing the other party before it. ….. [Md. Abu
Zafar Miah vs. Abdul Motaleb and another, 19 BLD(HCD) 199]
The plaint is no evidence for the proof of the case of the plaintiff. The
absence of the defendant who asked for adjournment but refused on reasons
assigned therefore cannot give occasion for the plaintiff to obtain
ex-parte decree without producing the relevant documents on the basis of
which relief is sought for. The Court is bound to apply its mind with
reference to the pleadings and satisfy itself as to what should be the
proper proof for passing a decree on the basis of the averments made in the
plaint. ….. [Bangladesh vs. Abdul Wadud (1973) 25 DLR (SC) 90]
See, the Code of Civil Procedure 1908, Orders IX, XVII and XLI.
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