4.
Violations of Natural Justice and the Right of Due Process
4.2.5
Challenging Ex Parte Orders
In Moslem Mondal, the Gauhati High Court held that an ex parte order may be set aside if the litigant
proves that there was sufficient cause for their non-appearance—reasons beyond their control.314 In
the same breath, the Court cautioned that such an application should not be entertained in a routine
manner and should succeed only if the defendant could demonstrate the existence of a special or
exceptional circumstance.315
Empirical Overview of Writ Petitions Against Ex Parte Orders (2009–2019)
Between 2009 and 2019, 556 of the 1,193 Gauhati High Court orders analysed—nearly 47%—were
writ petitions challenging ex parte declarations by Foreigners Tribunals (FTs). Of these, 250 petitions
(45%) were dismissed outright on merits, with the High Court upholding the ex parte declarations. In
167 cases (30%), the matters were remanded to the FTs for fresh adjudication. Another 132 cases
(24%) were disposed off by granting the petitioner liberty to file an application before the FT, without
any binding direction—placing the burden entirely on the discretion of the Tribunal to decide whether
to re-admit the case. In 6 cases (1%), the Court issued directions that did not involve remand or
liberty to apply, offering varied forms of relief. Strikingly, only 1 case out of 556 resulted in the High
Court quashing the proceedings on the grounds of improper referral—a preliminary jurisdictional
error. This pattern reveals a deeply constrained judicial approach: the Court has shown extreme
reluctance to intervene even when procedural violations are apparent, reinforcing the sense that
redress in ex parte cases is not governed by clear or generous legal standards, but by narrow and
103
inconsistently applied judicial discretion.
Total Ex Parte
Cases
Petitions
Dismissed
Petitions
Remanded
to the FT
Liberty to file
application in
the FT
FT Opinion
Quashed
Others
556
250
167
132
1
6
314
315
Moslem Mondal (n 188) [92].
ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents