What order can the Court make against the parties on their not appearing on the date of hearing of the suit fixed by the Court?

Question: What order can the Court make against the parties on their not appearing on the date of hearing of the suit fixed by the Court?

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Answer

Under the Code of Civil Procedure (CPC) in India, if either party fails to appear on the date of hearing of the suit fixed by the court, the court can make certain orders against the absent parties. These orders are outlined in Order IX of the CPC, which deals with the "Appearance of Parties and Consequences of Non-Appearance."

Order against the Plaintiff (Order IX, Rule 8):

If the plaintiff fails to appear on the date of hearing, the court can dismiss the suit for default. This means that the plaintiff's claim will be rejected due to their failure to attend the hearing, and the suit will be considered closed unless the plaintiff seeks to restore the suit under Rule 9 (discussed below).

Order against the Defendant (Order IX, Rule 6):

If the defendant fails to appear on the date of hearing, the court can proceed with the case ex parte. An ex parte proceeding means that the court will continue with the case in the absence of the defendant and make decisions based on the evidence and arguments presented by the plaintiff. The court may then pass a judgment in favour of the plaintiff.

Setting Aside Ex Parte Order (Order IX, Rule 7):

If a defendant against whom an ex parte order has been passed, subsequently appears and shows sufficient cause for their previous non-appearance, the court may set aside the ex parte order and allow the defendant to defend the suit. The defendant needs to make an application for setting aside the ex parte order, and the court will consider the reasons provided by the defendant for their absence.

Restoration of Dismissed Suit (Order IX, Rule 9):

If the plaintiff's suit has been dismissed for default due to their non-appearance, the plaintiff can apply for the restoration of the suit by showing sufficient cause for the non-appearance. If the court is satisfied with the reasons provided by the plaintiff, it may restore the suit and continue with the proceedings.

It's important to note that the court's powers and decisions in such situations are discretionary, and the court will consider the circumstances and reasons given for the non-appearance before making any orders. The purpose of these provisions is to ensure that parties attend the hearings and actively participate in the legal process to avoid unnecessary delays in the administration of justice.

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