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Selva Ganapathi   24 February 2023

What happens when both the parties are absent in a original suit trials for a long time ?

I am the respondent of a original suit case. The petitioner didn't appear for the trials for almost 3 hearings. I asked my lawyer to appear in the court on behalf of myself in the trials. But he told me that the petitioner is absent for the trials so it is not necessary for us to appear in the court as the petitioner is the one who needs to run the case. In the E-court website for this case ,it is showing both the parties are not ready for trials. What happens when both petitioner and respondent didn't attend court trials for a long time ?


 6 Replies

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.

N.K.Assumi (Advocate)     24 February 2023

Dismissal is the only option in such case.

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/Telangana state 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.

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