3. • It is an essential requirement for both plaintiffs
and defendants.
• Appearance in legal proceedings refers to the
act of presenting oneself before the court or
tribunal.
• Failure to appear can have severe consequences.
01 Introduction
Following are some Main topics covered in this
Guide.
Meaning and significance of appearance.
Explore case law examples.
Factors influencing appearance.
The legal procedures and remedies for non-
appearance
4. 4
Meaning and Significance of Appearance
02
Chapter
a) Parties to appear on day fixed in summons for defendant to appear and answer.
b) Where neither party appears, suit to be dismissed.
c) Plaintiff may bring fresh suit or Court may restore suit to file.
d) Procedure when only plaintiff appears.
e) Procedure where defendant appears on day of adjourned hearing and assign good cause
for previous non-appearance.
a) Procedure where defendant only appears.
b) Decree against plaintiff by default bars fresh suit.
c) Procedure in case of non-attendance of one or more of several plaintiffs.
d) Procedure in case of non-attendance of one or more of several defendants.
e) Consequence of non-attendance without sufficient cause shown, of party ordered to
appear in person.
5. 5
Meaning and Significance of Appearance
02
Chapter
• It is crucial for the proper administration of justice.
• It ensures that all parties have an opportunity to present
their arguments, evidence, and defenses, enabling a fair
and balanced hearing.
• Appearance can be made in person or through legal
representation.
• The primary purpose of appearance is to
establish the presence and active participation of
the parties.
6. Consequences of Non-Appearance
03
• it can have significant consequences on the outcome of
the case.
• Non-appearance may result in the dismissal of the case,
the issuance of an ex-parte judgment, or the imposition of
penalties and costs.
• Following are some consequences which highlight the
importance of timely and active participation in legal
proceedings to safeguard one's rights and interests
7. Consequences of Non-Appearance
03
Parties to appear on day fixed in summons
for defendant to appear and answer.
The parties shall be in attendance at the
Court-house in person or by their
respective pleaders.
If the defendant does not appear in spite of service, he can be
proceeded under O IX, Rule 6, [1982 CLC 1528] and if the plaintiff
fails to appear, there is no bar to the Court to exercise his power
under Rule 8, O IX of the Code”. [PLD 1981 Pesh 151].
8. Consequences of Non-Appearance
03
Where neither party appears, suit to be
dismissed.
Where neither party appears when the suit
is called on for hearing, the Court may
make an order that the suit be dismissed.
“Rule 3 of O IX provides that where neither party
appears when the suit is called for hearing the Court
may make n order that the suit be dismissed”. [ 1993
CLC 378].
9. Consequences of Non-Appearance
03
Plaintiff may bring fresh suit or Court may
restore suit to file.
Where a suit is dismissed under Rule 2 or
Rule 3, the plaintiff may (subject to the
law of limitation) bring a fresh suit.
The provision of section 5 of the Limitation Act, 1908
( IX of 1908) shall apply to application under sub-rule
(1)”].
10. Consequences of Non-Appearance
03
Plaintiff may bring fresh suit or Court may
restore suit to file:
Where a suit is dismissed under Rule 2 or Rule 3, the plaintiff may
(subject to the law of limitation) bring a fresh suit; or he may apply for
an order to set the dismissal aside, and if the satisfies the Court that
there was sufficient case for his not paying the court-fee and postal
charges (if any) required within the time fixed before the issue of the
summons, or for his non-appearance, as the case may be, the Court
shall make an order setting aside the dismissal and shall appoint a day
for proceeding with the suit.
Lahore High Court, Lahore.
[(2) The provision of section 5 of the Limitation Act,
1908 ( IX of 1908) shall apply to application under
sub-rule (1)”]
11. Consequences of Non-Appearance
03
Procedure when only plaintiff appears:
Order IX Rule 6, C.P.C provides that where the plaintiff appears and the
defendant does not appear when the suit is called on for hearing, then
if it is proved that
Summons is duly served the court may proceed ex-parte and
pass decree without recording evidence.
If it is not proved that
Summons is duly served or served in sufficient time, the court
shall direct a second summons to be issued and served on the
defendant.
12. Consequences of Non-Appearance
03
Procedure where defendant appears on day
of adjourned hearing and assigns good
cause for previous non-appearance:
Where the Court has adjourned the hearing of the suit ex-parte, and the
defendant, at or before such hearing, appears and assigns good cause
for his previous non-appearance, he may, upon such terms as the
Court directs as to costs or otherwise, be heard in answer to the suit
as if he had appeared on the day fixed for his appearance.
Order IX, Rule 7 C.P.C. had provided remedy against ex-parte
proceedings as the defendant, who had been proceeded
against ex-parte, no doubt remained a party to the proceedings,
as he could not be relegated to the position , he would have
occupied, had he appeared. On cause being shown, ex-parte
proceedings could be set aside on nominal costs. [2009 CLC
1039]
13. Consequences of Non-Appearance
03
Procedure where defendant only appears:
Rule 8 order IX postulates that where the defendant appears and the plaintiff does not
appear when the suit is called on for hearing, the Court shall make an order that the
suit be dismissed. [1991 MLD 71]
Unless the defendant admits the claim, or part thereof, in which case the
Court shall pass a decree against the defendant upon such admission, and
where par only of the claim has been admitted, shall dismiss the suit so far as it
related to the remainder.
A suit cannot be dismissed when either plaintiffs claim wholly or partly admitted
by defendant or when plaintiffs presence is not required. [PLD 2013 AJ&K 27]
14. Consequences of Non-Appearance
03
Procedure where defendant only appears:
Rule 8 order IX postulates that where the defendant appears and the plaintiff does not
appear when the suit is called on for hearing, the Court shall make an order that the
suit be dismissed. [1991 MLD 71]
Unless the defendant admits the claim, or part thereof, in which case the
Court shall pass a decree against the defendant upon such admission, and
where par only of the claim has been admitted, shall dismiss the suit so far as it
related to the remainder.
A suit cannot be dismissed when either plaintiffs claim wholly or partly admitted
by defendant or when plaintiffs presence is not required. [PLD 2013 AJ&K 27]
High Court Amendments Lahore to sub-rule (1), add the following provision:
“ Provided that the plaintiff shall not be precluded from bringing another suit for
redemption of a mortgage, although former suit may have been dismissed for default.”
According to O. IX, Rule 9 of the Code if a suit dismissed in default, fresh suit on the same
cause of action does not lie. [ PLD 1987 Lah. 574] But where cause of action is distinct or
independent, [PLD 1959 S.C. (Pak) 356] or where cause of action is recurring dismissal of
earlier suit would not bar fresh suit. [1993 MLD 1050; PLD 1983 S.C 243]
15. Consequences of Non-Appearance
03
Procedure in case of non-attendance of one
or more of several plaintiffs::
Order IX, Rule 10, C.P.C. provides that there are more plaintiffs than
one, and one or more of them appear, Court has discretion to
proceed at the instance of plaintiff present in Court. Where plaintiff is
present along with his counsel insisting that suit should be proceed
in terms of O.IX, R.10 C.P.C., it would be illegal on the part of Court to
dismiss suit for non-prosecution to the extent of said plaintiff. [2007
CLC 553]
16. Consequences of Non-Appearance
03
Procedure in case of non-attendance of one
or more of several defendants:
Under O IX, Rule 11 of the Code where there are more defendants
than one, and one or more of them appear, and the others do not
appear, the suit shall proceed, and the Court shall, at the time of
pronouncing judgment make such order as it think fit with respect to
the defendant who do not appear.
Trial Court is not competent to order ex-parte decree against
non-appearing defendant on admission of co-defendant. [1991 CLC
Note 71 (p.55)
17. Consequences of Non-Appearance
03
Consequence of non-attendance without
sufficient cause shown, of party ordered to
appear in person:
Where a plaintiff or defendant, who has been ordered to appear in
person, does not appear in person, or show sufficient cause to the
satisfaction of the Court for failing so to appear, he shall be subject
to all the provisions of the foregoing rules applicable to plaintiffs and
defendants, respectively, who do not appear.
Rule 12 relates to personal appearance of parties; it is attracted
where the parties are specifically ordered to appear in person. [PLS
1976 Kar. 526] Although it is the discretion of the Court to call
personal attendance but such order should predetermine the
necessity of personal attendance.
18. Consequences of Non-Appearance
03
Decree against plaintiff by default bars fresh
suit:
Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall
be precluded from bringing a fresh suit in respect of the same cause of action.
But he may apply for an order to set the dismissal aside, and if he satisfies the
Court that there was sufficient cause for his non-appearance hen the suit was
called on for hearing the Court shall make an order setting aside the dismissal
upon such terms as to cost.
No order shall be under this rule unless notice of the application has
been served on the opposite-party.
