Selva Ganapathi 24 February 2023
Dr J C Vashista (Advocate) 24 February 2023
Absence of plaintiff from proceeding would attract passing the order of 'dismissal in default". whereas absence of defendant shall be proceeding the case as "ex-parte".
Your facts and query is contradictory in itself which make it like an examination hall question paper and not a real story.
Advocate Bhartesh goyal (advocate) 24 February 2023
Court may proceed for dismissal of suit when both the parties do not appear on hearing date.
Shashi Dhara 24 February 2023
The court may dismiss for default that means suit is not ended he may again file application for restoration of suit on suitable grounds so you attend court lead evidence ,press the court to close evidence on plaintiff side and permit to lead respondents evidence.
Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 24 February 2023
When neither the plaintiff nor the defendant appears before the court when the suit is called for hearing, then the court is empowered to dismiss the suit under Rule 3 of Order IX.04-
Sudhir Kumar, Advocate (Advocate) 27 February 2023
In case the plaintiff starts attending and you as well as your lawyer remain in a bliss that the suit may be dismissed due to non-prosecution the it may happen that there may be ex-parte against you.