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Question no. 51360

An ex parte order may be issued for the benefit of ___________________?

Select your answer for: An ex parte order may be issued for the benefit of ___________________?
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Answer: A. Plaintiff

Explanation

An ex parte order is typically issued for the benefit of the plaintiff in civil litigation. When a defendant fails to appear after receiving proper notice, the court proceeds in their absence. This legal mechanism prevents plaintiffs from being indefinitely delayed by uncooperative defendants. Ex parte proceedings allow courts to render decisions when one party fails to participate. Due process requires that the absent party was properly served with a summons beforehand. Plaintiffs must still establish a prima facie case even when the proceedings are conducted ex parte.

This rule ensures the efficient administration of justice despite obstructionist tactics by defendants. Defendants retain legal avenues to set aside ex parte orders by showing sufficient cause for absence. Civil courts use this procedure to maintain courtroom momentum and resolve undisputed claims. The defendant cannot benefit from an ex parte order because such orders penalize non-appearance. Both (a) and (b) is incorrect since only the attending party receives the benefit of the order. The option none of the these is incorrect because the plaintiff is explicitly the intended beneficiary.

Subject
Law
Topic
—
Difficulty
medium

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