Ex parte decree relief depends on notice after counsel withdrawal and prompt action by the affected party

Where counsel reports no instructions in the absence of the party, notice to the party is required before proceeding ex parte. In the absence of any showing of negligence or carelessness, and where the party acts promptly on learning of the ex parte decree, fairness and the interests of justice support setting aside the ex parte order and decree. The matter is then restored to the stage at which counsel withdrew, so it can proceed on the merits.

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Issues: Whether an ex parte decree and the order proceeding ex parte were liable to be set aside where counsel reported no instructions without notice to the parties and the parties moved promptly on learning of the decree.

Analysis: The parties had engaged counsel to defend the suit and were following the proceedings. When counsel reported no instructions, no notice was issued to the parties, and they were not present in court. They approached the court shortly after learning of the ex parte proceedings and the record did not show carelessness or negligence on their part. In such circumstances, the interests of justice required that they not be made to suffer for the absence of notice after counsel withdrew from the case.

Conclusion: The ex parte order and decree were liable to be set aside, and the matter had to proceed from the stage at which counsel reported no instructions.

Final Conclusion: The dispute was restored to the trial stage for decision on merits after setting aside the ex parte proceedings.

Ratio Decidendi: Where counsel withdraws or reports no instructions in the absence of the party, and the party is not shown to be negligent and acts promptly on learning of the ex parte decree, fairness requires notice to the party and the ex parte proceedings should be set aside.

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