Nobody Cross-Examined The Plaintiff. The Decree Goes, On Terms.
Two suits ended in ex parte decrees with the plaintiff and his witness never cross-examined. The defendant gets one more chance — if he pays within three weeks.
The Court set aside the ex parte decree and remanded the matter for fresh disposal, giving the defendant a final opportunity to contest and invite a judgment on merits. That is subject to costs of Rs 50,000 payable within three weeks, failing which the appeal stands dismissed without further orders. The trial court is to dispose of the suit preferably within four months.
- No cross-examination, no contest. The plaintiff and his witness were never tested in either suit.
- The chance is conditional — pay in three weeks or the appeal dies by its own terms.
- Rs 50,000 in costs, on top of the suit costs payable to the plaintiffs.
- Both sides must assist, and the trial court may impose costs or move on if either protracts the suit.
- Court
- High Court of Andhra Pradesh at Amaravati
- Citation
- Appeal Suit No. 254 of 2023
- Case
- Appeal Suit No. 254 of 2023
- Decided
- 24 August 2026
- Outcome
- Appeal allowed on terms; ex parte decree set aside and suit remanded
Why the decree could not stand
In both suits the plaintiff and his witness were not cross-examined, and the decrees were passed ex parte.
On that footing the Court considered that the defendant should be given a final opportunity to contest the suit and invite a judgment on the merits, subject to costs and a time frame.
The terms
The appeal suit was allowed with costs payable to the plaintiffs, and on payment of a further Rs 50,000 within three weeks. If that is not paid, the appeal stands dismissed without reference to further orders.
On payment, the ex parte decree and judgment of 5 January 2023 stand set aside and the matter is remanded to the trial court for fresh disposal.
The parties are to appear before the trial court on 15 September 2026, which shall proceed with the evidence and dispose of the suit afresh, preferably within four months. Both parties must assist; if either does not, or protracts the suit, the trial court may proceed to the next step or impose costs.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can an ex parte decree be set aside years later?
It can, on terms. Here the Court gave a final opportunity subject to Rs 50,000 costs paid within three weeks.
What if the costs are not paid?
The appeal stands dismissed without any further order, and the decree stands.
Applying to set aside an ex parte decree on appeal
- Show what the trial lost by your absence — an untested plaintiff is the strongest version of that.
- Be ready to pay costs; a conditional order is the usual price of a second chance.
- Diarise the payment deadline. Here, missing it dismisses the appeal automatically.
- Expect a fixed timetable on remand, and prepare evidence before the first date.
Source. High Court of Andhra Pradesh at Amaravati, Appeal Suit No. 254 of 2023, decided 24 August 2026 by . This explainer is written from the judgment text as reported.
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