As per Lawkidunya, Appearance and non-appearance of Parties during trial before the court is a crucial issue to resolve civil dispute. In law, appearance means appearance in person or through advocate for conducting a case.
Importance of Appearance and Non-appearance of Parties
Appearance and non-appearance is a major issue to settle a dispute. Because, mere appearance or non- appearance may determine the result of the suit. The provisions of the Code of Civil Procedure, 1908 are based on a general principle that, as far as possible, no proceeding in a court of law should be conducted to the detriment of any party in his/her absence. It is the duty of the concern party to appear before the trial court at a due time.
Otherwise, the result may turn reverse to the non-appeared party. However, if the suit is determine at that date for the lacking of non-appearance of a party, the affected party may have a chance to revive the suit by following the provisions of The Code of Civil Procedure, 1908.
Appearance and Non-appearance of Parties Order 9
Actually, Order-IX of the Code of Civil Procedure, 1908 enumerates the provision of consequence(s) of appearance and non-appearance of parties in a civil litigation. Especially, Order- IX, rule- 2 enumerates the consequence of failure of deposit of process fees by the plaintiff; rule- 3 & 4 provides the consequence of non-appearance of both (Plaintiff & Defendant) parties. Rule- 8, 9, 9A enumerates the consequences of non-appearance of Plaintiff and lastly rule- 6, 13 & 13A deals with the provision of non-appearance of Defendant. Lets us discuss all these three one by one.
What does Non Appearance Hearing Mean?
Legally the term non appearance denotes failure to appear in a court. In the event of non appearance the court can pass an award in favor of the attending party. However, the court will provide an opportunity to the absent party through a non appearance hearing.
What is an Ex Parte Decree?
An ‘Ex parte decree’ is a decree passed against a defendant in absentia. Despite Service of Summons, where on the date of hearing only plaintiff does and a defendant does not appear the Court may hear the suit ex parte and pass a decree against the defendant.
When Should a Defendant Enter Appearance in a Suit?
Within 10 days of service of summons, the defendant has to enter an appearance. If the defendant enters an appearance, the plaintiff shall serve on the defendant a summons for judgment. Within 10 days of service of such summons, the defendant has to apply for leave to defend the suit.
What Happens After Ex Parte?
If any party not appearance, the judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary. Prevent the other party from destroying property.