What are the consequences of the non-appearance of parties on the date fixed by the court? Explain with the help of provisions....
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Question: What are the consequences of the non-appearance of parties on the date fixed by the court? Explain with the help of provisions contained in the Code of Civil Procedure, 1908.In a suit filed by A against B for recovery of money, the summons was doty served However, on the fixed date, the defendant did not appear. The Court decided the matter ex parte and treated, all the claims made by A as admitted and passed a decree in his favour. Decide the legality of the proceedings....
Question: What are the consequences of the non-appearance of parties on the date fixed by the court? Explain with the help of provisions contained in the Code of Civil Procedure, 1908.
In a suit filed by A against B for recovery of money, the summons was doty served However, on the fixed date, the defendant did not appear. The Court decided the matter ex parte and treated, all the claims made by A as admitted and passed a decree in his favour. Decide the legality of the proceedings. [HPJS 2023]
Find the answer to the mains question only on Legal Bites. [What are the consequences of the non-appearance of parties on the date fixed by the court? Explain with the help of provisions contained in the Code of Civil Procedure, 1908................]
Answer
The Code of Civil Procedure, 1908 (CPC) contains specific provisions regarding the consequences of the non-appearance of parties on the date fixed by the court for hearing. The rules governing such situations are laid down in Order IX of the CPC, which deals with the appearance of parties and the consequences of their non-appearance.
If the plaintiff fails to appear on the date fixed for the hearing:
- Dismissal of Suit (Order IX, Rule 2): If the plaintiff does not appear and the defendant is present, the suit may be dismissed unless the defendant admits the claim or part thereof.
- Dismissal for Want of Prosecution (Order IX, Rule 3): If neither party appears, the court may dismiss the suit.
If the plaintiff appears but the defendant does not appear when the suit is called for hearing:
Ex Parte Proceedings: Under Order IX, Rule 6(1)(a), the court may proceed ex parte and decide the suit based on the evidence presented by the plaintiff.
Conditions for Ex Parte Proceedings:
- Proper service of summons to the defendant.
- No justifiable reason for the absence of the defendant.
If an ex parte decree is passed against the defendant, he can apply to have it set aside (Order IX, Rule 13) if:
- The defendant can satisfy the court that:
- The summons was not duly served, or
- He was prevented from appearing due to a sufficient cause.
- If the court is satisfied with the explanation, it may set aside the decree and reopen the case.
Order IX, Rule 4: If a suit is dismissed for the non-appearance of the plaintiff, the plaintiff may apply for the restoration of the suit if he shows sufficient cause.
Order IX, Rule 9: If the court dismisses a suit due to non-appearance, the plaintiff may institute a fresh suit on the same cause of action unless the suit was dismissed on merits.
Consequences of Non-Appearance of Both Parties (Order IX, Rule 3)
If neither party appears on the date fixed for hearing, the court may dismiss the suit. However:
- The plaintiff may apply for restoration by showing sufficient cause for non-appearance.
In the given case:
A filed a suit for recovery of money against B. Summon was duly served on B. On the date fixed for the hearing, B did not appear. The court proceeded ex parte and treated all the claims of A as admitted, passing a decree in his favour.
The court's decision to proceed ex parte and pass a decree in favour of A is legally valid under Order IX, Rule 6 of the CPC since:
The summons was duly served on the defendant.
The defendant failed to appear without a reasonable cause.
The defendant can file an application under Order IX, Rule 13 to set aside the ex parte decree if:
- He can prove that the summons was not duly served, or
- He was prevented from appearing due to a sufficient cause.
If the defendant fails to satisfy the court, the decree will stand as valid and enforceable.
The court’s decision to pass an ex parte decree in favour of A was lawful under Order IX, Rule 6 of the CPC since the summons was duly served and the defendant failed to appear without any justifiable reason. The defendant’s remedy lies in filing an application under Order IX, Rule 13 to set aside the decree by proving a sufficient cause for non-appearance.
Important Mains Questions Series for Judiciary, APO & University Exams
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