If only the plaintiff is present while the defendant is absent, an ex-parte order can be issued against the defendant. However, the plaintiff must provide evidence of the summons being served to the defendant.

Only if the service of the summons is proven, the court can proceed with an ex-parte judgment in favor of the plaintiff. This provision applies solely to the initial hearing and not subsequent ones, as established in the case of Sangram Singh v. Election Tribunal.

Even when passing an ex-parte order, it is the court’s responsibility to ensure that justice is served in the absence of the defendant.

In the case of Maya Devi v. Lalta Prasad, the Supreme Court emphasized that the court must verify the statements in the plaintiff’s claim and assess whether the requested prayers are justifiable.

This provision does not apply if there are multiple defendants and any of them appear in court.