Ex parte

anshul sangal (Querist) 23 May 2010 This query is : Resolved
When a defendant does not appear to the first hearing of the suit the order 9 rule 6(1)(a) apply. Which rule apply when defendant does not appear in subsequent hearing of suit?

Follow Query

Report Abuse

B K Raghavendra Rao (Expert) 23 May 2010
There can be only two possibility: (a) participation i.e. filing vakalat or appear in person or (b) non-participation i.e. not filing vakalat and not appearing in person at the first hearing. Non-participation is ex-parte.

After appearing, if the defendant do not appear, he will be doing so at his peril. The court would go with future steps in his absence.