Where the defendant appears and the plaintiff does not appear when the suit is called for hearing an...........

Civil Procedure Code (CPC) 1908 Appearance and Non Appearance of Parties

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted the court shall:

Dismiss the whole suit

Dismiss the suit so far as it relates to the remainder

Pass the decree of the whole claim

Proceed exparte (proceedings) against defendant

छोटे Courses बड़े Results

Master Appearance and Non Appearance of Parties

Prepare through Micro-courses

Try Now

Explanation:

Order 9 Rule 8 –
ORDER IX Appearance of Parties and Consequence of Non-appearance
8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does not appear when the suit is called on 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 so far as it relates to the remainder.