What happens if the Plaintiff is absent on the day the case is called for hearing?

What happens if the Plaintiff is absent on the day the case is called for hearing?

When the plaintiff is absent on the day the case is called for hearing, the case shall be dismissed for want of prosecution. But where the defendant admits the claim, or a part thereof, the court shall pass a decree against him upon such admission of the claim and where the admission is in respect of the part of claim, the court dismiss the suit so far as it relates to the reminder. See O. IX r. 8 of Civil Procedure Act.

What happens if both the Plaintiff and Defendant are absent on the day the case is called for hearing?

Where both the Plaintiff and Defendant are absent on the day the case is called for hearing the court may make an order that suit be dismissed. See O. IX r. 3 of Civil Procedure Code.

What happens if both the Defendant is absent on the day the case is called for hearing?

The procedure to be followed when the Defendant is absent on the day the case is called for hearing is governed by the provisions of O. IX, r. 6(1) of Civil Procedure Act. 

The procedure is: 

*If the suit is before High Court and it is proved that the defendant was dully served, the court may proceed ex-parte. 

*If the suit is before the courts subordinate to High Court. 

*where the summons issued was a summons to file defence and it is proved that the summons was dully served, the court may proceed ex-parte; 

*And if the summons issued was summons to appear and it is proved that the summons was dully served, the court may enter judgment for plaintiff.