Order 9 of the Civil Procedure Code (CPC) addresses the appearance of parties (plaintiffs and defendants) in a civil suit and the consequences that arise if one or more parties fail to appear before the court. The order sets out the procedures for ensuring that parties attend hearings and the actions the court may take in cases of non-appearance, including dismissals and ex parte judgments.
Plaintiff's Non-Appearance:
If the plaintiff fails to appear on the day fixed for hearing and does not provide sufficient reasons for their absence, the court may dismiss the suit for non-prosecution (i.e., the plaintiff’s case is dismissed). However, the court may also give the plaintiff an opportunity to explain their absence and reschedule the hearing if the absence was due to a reasonable cause.
Defendant's Non-Appearance:
If the defendant fails to appear on the date of the hearing, the court may proceed with the case in their absence. This is usually done by passing an ex parte order, meaning the court will decide the case without hearing the defendant's side.
Dismissal for Plaintiff's Failure to Appear:
If the plaintiff does not appear on the hearing date, the court may dismiss the suit for non-prosecution. This is an important power granted to the court to ensure that parties actively pursue their claims.
Defendant's Default of Appearance:
If the defendant does not appear and has been duly served with summons, the court may proceed ex parte (without the defendant's participation) and pass judgment based on the plaintiff’s version of events. The plaintiff is not required to prove the case in full, but the court may still require some basic evidence to establish a prima facie case.
Ex Parte Decree:
If the plaintiff does not appear and fails to give an adequate reason for the absence, the court may pass an ex parte decree (a judgment without the plaintiff’s participation). This is a final order passed by the court after hearing only the defendant's side.
Dismissal for Non-Prosecution:
A suit may also be dismissed for non-prosecution under this rule if the plaintiff repeatedly fails to appear in court. This serves to prevent any unnecessary delays in the court process.
Ex Parte Hearing:
If the defendant does not appear at the first hearing, the plaintiff’s case may be heard ex parte. An ex parte decree may be passed in favor of the plaintiff if the court is satisfied with the evidence submitted.
Subsequent Hearings:
If a defendant does not appear after the initial hearing, the court may take the case forward and pronounce judgment in the absence of the defendant, unless the defendant shows reasonable cause for their absence.
Setting Aside Ex Parte Decree:
If an ex parte decree is passed against the defendant (due to their non-appearance), the defendant may apply for the decree to be set aside. The application must show sufficient cause for the defendant's absence. If the court finds the reasons convincing, it may allow the case to proceed with the defendant's participation.
Adjournments:
The court has discretion to grant adjournments (postponing the hearing) based on valid reasons. If a party has a reasonable excuse for their absence, the court may reschedule the hearing and allow the suit to continue.
Recurrent Absences:
While the court can grant adjournments, it may take action against parties who repeatedly fail to appear without valid reasons. In such cases, the court may dismiss the suit or pass an adverse order against the defaulting party.
Service of Summons:
If the defendant is absent and has not been properly served with summons, the court may adjourn the case to allow the defendant a fair opportunity to appear. However, if the summons has been properly served, the defendant is expected to appear.
Judgment in Absence:
If the defendant fails to respond or appear after proper service of summons, the court may proceed with the case and pass a decree in favor of the plaintiff, treating the defendant's absence as an admission of the plaintiff's claim.
Ensures Court Proceedings Move Forward:
By outlining clear consequences for non-appearance, Order 9 ensures that cases are not delayed unnecessarily, and that parties are compelled to participate in proceedings to have their matters heard.
Balances Fairness and Efficiency:
The provisions of this order balance fairness to the defaulting party (by giving them a chance to explain their absence) with the need to ensure that suits proceed without undue delay. For example, a party’s non-appearance can lead to the case being heard without them, but they also have the opportunity to apply for the setting aside of an ex parte decree.
Court Control Over Proceedings:
The court has the power to control the pace of proceedings and ensure that both parties fulfill their obligations, including attending hearings, submitting written statements, and participating in the resolution of the case.
Prevention of Abuse of Process:
The rules regarding the consequences of non-appearance help prevent abuse of the court process by ensuring that parties cannot delay or abandon cases without facing consequences.
Dismissal of Suit:
The court may dismiss a suit for the plaintiff’s non-appearance or failure to proceed with the suit, especially when the plaintiff is deliberately avoiding the court process.
Ex Parte Judgment:
In cases where the defendant does not appear, the court may pass an ex parte judgment in favor of the plaintiff, even without hearing the defendant’s side of the case.
Setting Aside Ex Parte Judgment:
A party who is adversely affected by an ex parte judgment has the right to apply for the judgment to be set aside, provided they can offer valid reasons for their failure to appear.
