LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

APPEARANCE AND NON-APPEARANCE OF PARTIES: EFFECT ON SUIT UNDER CIVIL PROCEEDINGS

AUTHORED BY:

Mr. NIMITA AKSA PRADEEP, 

Student,

Symbiosis Law School, Hyderabad

CO-AUTHORED BY:


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ABSTRACT

Both the plaintiff and defendant to the suit are expected to appear in court, either in person or by way of their pleaders, on the date that had been stipulated in the summons by the court. However, there is a high possibility that one or both the parties to the suit may not turn up in court on the stipulated date. In this respect, it is highly possible that neither the plaintiff or defendant may appear in court on the date that had been stipulated in the summons by the court or that only the plaintiff or only the defendant turns up on such date. Rules 3, 6 and 8 of Order IX of the Civil Procedure Code, 1908 pertains to the same. It is also quite possible that one or two out of the several plaintiffs to the suit do not appear in court on the stipulated date or that one or two out of the several defendants to the suit do not turn up on such date. Rules 10 and 11 of Order IX of the Civil Procedure Code, 1908 pertains to the same. Whatever the scenario, the court has only two options before it: proceed with the suit ex parte, or dismiss the suit or part of the suit according to their discretion as well as provisions of Order IX of the Civil Procedure Code, 1908. A detailed interpretation of the effect of such appearance and non-appearance of parties on the proceedings of a civil suit as well as an elaborate analysis of the provisions of the Civil Procedure Code, 1908 pertaining to the same, particularly Order IX, will be carried out throughout the course of this paper.

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