If a defendant does not appear in a civil court despite being properly served with a summons, the court may proceed with the case in their absence, subject to the provisions of the Code of Civil Procedure, 1908 (CPC).
Key points:
- Proper service of summons: Before taking any action, the court must be satisfied that the defendant was duly served with the summons and had notice of the proceedings.
- Ex parte proceedings: If the defendant fails to appear without a valid reason, the court may proceed ex parte, meaning the case is heard in the defendant's absence.
- Evidence by the plaintiff: The plaintiff must still present evidence and prove their claim. The court will not automatically decide the case in the plaintiff's favour merely because the defendant is absent.
- Ex parte decree: If the plaintiff successfully proves the case, the court may pass an ex parte decree against the defendant.
- Setting aside the decree: A defendant may apply to the court to set aside the ex parte decree by showing sufficient cause for their non-appearance, provided the application is made within the prescribed limitation period.
- Execution of the decree: If the ex parte decree remains in force, the plaintiff can initiate execution proceedings to enforce the court's order.
