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Appearance and Non-appearance of Parties under CPC

By Editorial Team

Under the Code of Civil Procedure (CPC), the appearance and non-appearance of parties are governed by specific provisions.

Appearance of Parties

  • Order of Appearance: Section 132 of the CPC states that parties to a suit should appear in the court on the day fixed for hearing unless they are exempted from personal appearance or their appearance is dispensed with by the court.
  • Personal Appearance or Representation: Parties have the option to personally appear in court or be represented by their authorized agents or lawyers. Section 135 of the CPC allows parties to appoint recognized agents to act on their behalf.
  • Power of Attorney: A party can execute a power of attorney in favor of an authorized agent or lawyer to represent them in court. The power of attorney should be properly executed and filed before the court to establish the authority of the representative.
  • Consequences of Appearance: When a party appears in court, they can present their arguments, cross-examine witnesses, submit evidence, and actively participate in the proceedings. Their appearance ensures that their side of the case is presented and considered by the court.

Non-Appearance of Parties

  • Consequences of Non-Appearance: Section 102 of the CPC states that if the plaintiff fails to appear on the day fixed for hearing, the court may dismiss the suit. Similarly, if the defendant fails to appear, the court may proceed with the case and decide it based on the evidence before it.
  • Ex Parte Proceedings: When a party fails to appear, the court may proceed with ex parte proceedings. This means that the case will be heard and decided in the absence of the non-appearing party. The court will consider the evidence presented by the other party and make a judgment based on the available information.
  • Setting Aside Ex Parte Decree: If a decree is passed against a party in their absence, the non-appearing party can file an application to set aside the ex parte decree under Order IX, Rule 13 of the CPC. They need to demonstrate sufficient cause for their non-appearance and provide valid reasons for setting aside the decree.
  • Rescheduling Hearings: In some cases, if a party is unable to appear in court due to unavoidable circumstances, they can request an adjournment or seek permission for their absence. The court may consider such requests and reschedule the hearing accordingly.

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