LAW OF ‘SETTING ASIDE EX-PARTE’ DECREES IN THE PERSPECTIVE OF DOCTRINE OF LACHES
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Abstract
Ex-parte is a Latin legal term; originally it is ex par-tay but popularly known as ex party means “For one party” or “On one side only” or done by, for, or on the application of one party alone. “Principles of natural Justice” are basic canons in the dispensation of justice, an age-old adage Audi alteram partem (or) audiatur et altera pars means "listen to the other side", or "let the other side be heard as well". It is a golden rule of reason and fair play in the administration of justice. There is a tantamount tenet under the law that Interest Reipublicae Ut Sit Finis Litium which means in the interest of society as a whole, litigation must come to an end. These two dictums actuated in different arenas but leading to the same destination of substantial Justice. The present topic exclusively falls under the exception of Audi alteram partem . Generally ex-parte orders and ex-parte proceeding are interlinked with each other, in some occasions these are used as synonyms but there is a slight distinction discernible when compulsion of facts and conduct of parties are concerned, the primary is resulted by ex-party reliefs and the secondary is by ex-party proceedings. Compulsion of facts indicate the urgency of relief even without calling for the other side in protecting the rights of the petitioning party from irreparable loss. Conduct of parties as to their active prosecution is concerned, is not foreseeable but leads the court to the second maxim that there shall be an end to the litigation.
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