deep (deep) 15 August 2015
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 15 August 2015
Proceeding in absence of party failing to attend (O. 32, r. 5)
5. —(1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient to do so.
(2) Before proceeding in the absence of any party, the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.
(3) Where the Court hearing a summons proceeded in the absence of a party, then, whether or not an order made on the hearing has been perfected, the Court, if satisfied that it is just to do so, may re-hear the summons.
(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.
deep (deep) 15 August 2015
IF summons is not served at all and party wont appear at all, then case will go ex-parte depending upon how much time the court deems fit to wait for the party to appear in court hall.
Once the complaint/case goes exparte, then the only option left for the opposite party is to go for appeal in HC.
In all this nature of the litigancy also depends on success of case.
deep (deep) 15 August 2015
ANAMIKA VICHARE (LAWYER) 18 August 2015
In DV case, warrant for arrest cannot be issued for non-attendance, however, the matter is likely o be proceeded for ex-parte hearing, if you are not represented by lawyer