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.