Section 12: Appearance of parties and effect of non-appearance, etc

12. Appearance of parties and effect of non-appearance, etc.—(1) Where on the day fixed for the defendant to file written statement, it is found that the summons have been served but the defendant has failed to file written statement without sufficient cause, the Court may proceed ex- parte and pass decree: Provided that if the Court is satisfied that the defendant was prevented by any sufficient cause, it may set aside the decree subject to and upon such terms as to costs, payment into Court or otherwise as it deems fit: Provided further that no order shall be made under this sub-section unless notice of the application has been served on the opposite party. (2) Where the Court has adjourned hearing of the suit ex parte, and the defendant on or before such hearing, appears and assigns good cause for his previous non-appearance, the Court may, upon such terms as it directs as to costs or otherwise, hear him in answer to the suit as if he had appeared on the day fixed for appearance. (3) Where neither party appears when the suit is called for hearing, the Court may make an order that the suit be dismissed. (4) Where the defendant appears and the plaintiff does not appear when the suit is called for hearing, the Court shall make an order that the suit be dismissed unless the defendant admits the claim, or part thereof in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit to the extent of the part not admitted.

Effective date: 2002-01-01

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