Appearance and Non-Appearance of Parties in CPC | Civil Law for Judiciary Exams PDF Download

Understanding Appearance and Non-Appearance of Parties in CPC

In legal proceedings, the terms "appearance" and "non-appearance" refer to whether parties participate in court proceedings or not.

• Appearance: When a party appears, they actively engage in legal proceedings by being present in court or represented by a legal representative. This includes attending hearings, presenting arguments, and responding to court directives.
• Non-appearance: Non-appearance indicates the absence of a party from court proceedings. If a party fails to attend when required, it can lead to consequences like ex-parte decrees.

The Code of Civil Procedure provides rules for parties' presence in court, including remedies for valid absences. This HTML provides a well-organized and visually appealing summary of the given content, focusing on key sections such as Internships, Jobs, Opportunities, Law Notes, and Legal News. It also explains the concepts of appearance and non-appearance of parties in the context of legal proceedings.

The Participation of Parties in a Lawsuit

• As per Rule 1 under Order IX of the Code of Civil Procedure, it is mandatory for the parties involved in a lawsuit to either personally appear in court or be represented by their legal counsel on the specified court date mentioned in the summons.

Consequences of Non-Appearance

If the plaintiff or defendant fails to appear in court as directed without providing a valid reason for their absence, Rule 12 of Order IX empowers the court with the following actions:

• Failure of the plaintiff to appear results in the dismissal of the suit.
• If the defendant is absent, an ex-parte order is issued against them.

For instance, if a plaintiff fails to attend the court proceedings without a valid excuse, the lawsuit may be terminated. Similarly, if the defendant does not show up, a decision may be made against them without their presence, known as an ex-parte order.

Non-Appearance of Both Parties to the Suit

• In situations where both the plaintiff and the defendant fail to attend the court hearing, the court can dismiss the suit according to Rule 3 of Order IX.
• It's essential to understand that the dismissal of the suit in this scenario does not prevent a new suit from being filed based on the same grounds, as specified in Rule 4.
• If the plaintiff has valid reasons for not appearing, they can ask the court to reconsider the dismissal. If the court accepts the reasons, it can revoke the dismissal order and set a new hearing date.
• For instance, if both parties fail to appear in court due to a genuine emergency, such as a medical crisis, the court may reconsider the case and reschedule the hearing.
• It's crucial for parties in a legal proceeding to communicate any valid reasons for their absence to the court promptly to avoid unnecessary dismissals.

The Appearance of the Plaintiff

• The court can issue an ex-parte order if only the plaintiff appears without the defendant, but proper summons service must be proven.
• An ex-parte order can lead to a favorable decree for the plaintiff, as seen in the case of Sangram Singh v. Election Tribunal.
• Even in the absence of the defendant, the court must ensure justice, as illustrated in Maya Devi v. Lalta Prasad.
• The court checks the validity of the plaintiff's statements and requested reliefs when granting an ex-parte order.
• Ex-parte orders are not applicable if any one of multiple defendants makes an appearance in the case.

Appearance of the Defendant

• When only the defendant is present in a legal proceeding, rules under Order IX, Rule 7-11 govern the situation.
• Two possible scenarios arise when the plaintiff is absent:
  • The defendant does not agree with the plaintiff's claim, either wholly or partially.
  • The defendant agrees with the plaintiff's claim.
• If the defendant denies the plaintiff's claim, the court may dismiss the suit.
• However, if the defendant admits to the plaintiff's claim in part or in full, the court can issue a decree against the defendant for the admitted portion.
• The suit will be dismissed for the parts of the claim not admitted by the defendant.
• Dismissing the plaintiff's case without a hearing is a serious matter and should only be done if the court deems it necessary in the interest of justice.
• This principle was established by Beaumont, C.J. in the case of Shamdasani v. Central Bank of India.

By following these rules and considering the circumstances, the court ensures a fair and just legal process for both parties involved.

Does the same provision apply in the case of the plaintiff's non-appearance due to their demise?

• In cases where the plaintiff is absent because of their death, the court does not possess the authority to dismiss the case.
• If such a dismissal order is given, it is deemed invalid, as illustrated in the legal case of P.M.M. Pillayathiri Amma v. K. Lakshi Amma.

Application to Set Aside the Dismissal

• Overview: When a case is dismissed due to the plaintiff's absence, there is a provision for the plaintiff to request the court to overturn the dismissal order.

Justification for Non-Appearance:

• If the plaintiff can provide a valid reason for not appearing, the court may cancel the dismissal order and set a new date for the case.
• The court assesses whether the plaintiff made genuine efforts to attend the scheduled hearing.
• Presence of a legitimate reason obligates the court to reinstate the case, while the absence of an adequate reason gives the court discretion to either rescind or uphold the dismissal.
• Case law like P.K.P.R.M. Raman Chettyar v. K.A.P. Arunachalam Chettyar influences the decision on sufficient cause.

Specific Cases:

• In Chhotalal v. Ambala Hargovan, the Bombay High Court ruled that if a party arrives late and finds their case dismissed, they can have it reinstated by paying associated costs.

Understanding Legal Proceedings When Summon is Not Served

Importance of Serving Summons

• Rules 2 to 5 of Order IX outline what happens when a summons is not served to the defendant.
• It is crucial for every party to have a fair opportunity to present their case in legal proceedings.
• Serving a summons is a necessary step before legal action can proceed, ensuring that the defendant is informed of the case against them.

Consequences of Unserved Summons

• If a summons is not served or the defendant is not given adequate time to prepare, a decree cannot be issued against them.
• Referring to the case of Begum Para v. Luiza Matilda Fernandes, it is established that a fair chance must be given to the defendant.

Plaintiff's Responsibilities

• Rule 2 of Order IX states that if the plaintiff fails to cover the costs of serving the summons, the suit may be dismissed.
• Dismissal can be avoided if the defendant appears in court either personally or through legal representation.

Dismissal of Suit

• If the summons is returned unserved and the plaintiff does not apply for a fresh summons within 7 days, the court can dismiss the suit against the defendant(s).
• The court may direct the issuance of a fresh summons if it is not proven that the original summons was not duly served.

Extension of Time for Defendant

• If the time provided in the summon for the defendant to respond is inadequate, the court can postpone the hearing to a later date to allow the defendant sufficient time.

Ex-Parte Decree

• Definition of Ex-Parte Decree:
  • An ex-parte decree is a legal judgment granted in favor of the plaintiff when the defendant is absent during the scheduled court hearing despite being properly summoned.
• Validity of Ex-Parte Decree:
  • An ex-parte decree is legally valid and holds enforceable weight, akin to a decree obtained through mutual representation.
  • It can be challenged or considered voidable under specific legal circumstances.
• Legal Standing:
  • An ex-parte decree carries the same legal force as a decree resulting from a regular court proceeding.
  • The case of Panduranga Ramchandra v. Shantibai Ramchandra established the legal credibility of ex-parte decrees.
• Challenging an Ex-Parte Decree:
  • An ex-parte decree can be contested or invalidated based on legitimate legal grounds.
  • It is essential to provide substantial evidence and legal reasoning to challenge the decree successfully.

Conclusion

• In conclusion, the Code of Civil Procedure places significant importance on the distinction between appearance and non-appearance parties. Active participation or representation by parties in court proceedings is fundamental to ensuring a fair platform for presenting cases, responding to arguments, and engaging in the legal process.
• Non-appearance carries potential consequences, such as ex-parte orders or decrees, where decisions are made in the absence of the party. Nevertheless, the CPC acknowledges valid reasons for non-appearance, offering avenues for parties to seek relief. This underscores the system's commitment to upholding fairness and due process, even in situations where parties are unable to be physically present during proceedings.