When a judgement is given without the defendants evidence, the matter is considered ex parte

Ex Parte Judgments in Indian Judiciary

Definition of Ex Parte

An ex parte judgment occurs when a court makes a decision without the presence or participation of one party, typically because that party has failed to appear or provide evidence.

The documents indicate that when defendants do not appear in court, they may be proceeded against ex parte. This is supported by the judgment in Disney Enterprises Inc. & Anr. v. Balraj Muttneja & Ors., which clarifies that the absence of the defendants allows the court to proceed without their evidence Cable News Network Inc VS Fayyaz Shaikh - Delhi (2022)Cable News Network Inc VS Fayyaz Shaikh - Delhi (2022)Cable News Network Inc. vs Fayyaz Shaikh - Delhi (2022).

No Requirement for Ex Parte Evidence:
The court may decide that no ex parte evidence is necessary if the material before it is sufficient to allow the plaintiff''s claim. This principle has been reiterated in several cases, including S. Oliver Bernd Freier GMBH & CO. KG v. Jaikara Apparels and Ors. and United Coffee House v. Raghav Kalra and Ors. Cable News Network Inc VS Fayyaz Shaikh - Delhi (2022)Tata Sons Private Limited vs Hakunamatata Tata Founders - Delhi (2022).
Judicial Discretion:
Courts have the discretion to determine whether to require ex parte evidence based on the sufficiency of the existing material. In cases where the defendants have been absent and the plaintiffs have failed to provide evidence, the court may still proceed to judgment if it finds the plaintiff''s claims substantiated by the available records Aero Club VS Bhawna Trading Co. - Delhi (2022)Tata Sons Private Limited vs Hakunamatata Tata Founders - Delhi (2022).
Implications of Ex Parte Proceedings:
An ex parte order cannot be sustained if the defendants were not properly served with summons, highlighting the importance of due process Pushpa Wati Monga VS Gopal Mohan Monga - Punjab and Haryana (1998). Additionally, the court must apply its mind to the evidence presented, even in ex parte situations, ensuring that the judgment is supported by adequate reasoning and evidence KHADI EVAM GRAMODYOG BOARD LKO. VS PURVANCHAL JANTA GRAM. SEWA SANSTHAN - Allahabad (2014).

If a defendant can demonstrate that they were not properly served or that there was a lack of opportunity to present their case, they may seek to have the ex parte judgment set aside. The courts emphasize the need for diligence and bona fide conduct from the parties involved NEW BANK OF INDIA HAVING ITS H. O. I,TOLSTOY MARG,NEW DELHI VS MARVELS (INDIA) - Delhi (2001)Vijay Kumar Gupta vs Reserve Bank of India - Delhi (2022).

The principle of ex parte judgments allows courts to proceed in the absence of a defendant, provided that proper procedures are followed and sufficient evidence is available to support the plaintiff''s claims. However, defendants retain the right to contest such judgments if they can show that they were not adequately notified or given a fair chance to present their case. Legal practitioners should ensure that all procedural requirements are met to avoid the risk of ex parte decisions being overturned on appeal.

Ensure proper service of summons to all parties involved.
Maintain thorough documentation of all proceedings to support claims in case of ex parte judgments.
Be prepared to demonstrate diligence and bona fide conduct if seeking to set aside an ex parte judgment.