procedure on a recovery case when defendant is absent

I stay in Bangalore and as a Plantiff i have filed a recovery case. Till now court has postponed case to next dates 4 times due to defendant's or his advocate's absence. I wanted to know the actual procedure of how many times a court can postpone case to next dates due to defendant's or his advocate's absence. 

Isn't there a law that says, if defendant or his advocate is not appearing to court for 3 dates then arrest warrant will be issued. Please help me in getting this procedure.

I can't trust my advocate anymore, he is changing his words on a daily basis.

Thank you.




You have not specified which type of recovery case you have filed like: Summary Suit, Civil Suit, Money Suit. SC Suit or Commercial Suit.

I assume it must be civil suit. Your lawyer can give a written application to proceed ahead with the case proceeding Ex-Parte in the constant absence of the Deendant and his/her Advocate.


Adv. Rohit Dalmia


Total likes : 1 times


Thank you Rohit Sir for your reply. Yes. This is a civil suit.

One follow up question on your reply. What happens on my lawyer giving a written application:

- Will summons be resend to Ex-Parte (or)

- Will there be an arrest warrant issued to get Ex-Parte to the court




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