Sunny (Sr.Manager) 25 July 2013
Dear all,
What will be the consequences if some body filed a suit against you and due to certain un avoidable circumstances you (defendant) is not able to attend the court proceeding on the day defendant is summoned to provide statements and evidence in support of his defense.
prof s c pratihar (medical practitioner &legal studies) 25 July 2013
if defendant fails to appear when the case is called for hearing another date will be fixed for hearing provided the deft. show some sufficient causeotherwise atter will be heard exparte.sc pratihar
Advocate Bhartesh goyal (advocate) 26 July 2013
If defendant fails to appear in court on hearing date inspite of being served summons then court will pass order u/order 9 rule 6 1[a] of cpc and proceed ex parte hearing.
6. Procedure when only plaintiff appears
(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then-
1[(a)] When summons duly served-if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte.]
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