Non-Appearance of Parties in Civil Suits

Non-Appearance of Parties in Civil Suits: Consequences and Remedies in Bangladesh

In the arena of civil litigation in Bangladesh, one of the most common but often misunderstood phenomena is the non-appearance of parties during hearings. Whether due to illness, miscommunication, negligence, or unavoidable circumstances, the absence of a party — plaintiff or defendant — on the date fixed for hearing can have serious consequences.

However, the Code of Civil Procedure, 1908 (CPC), particularly Order IX, provides for remedies against such defaults, allowing an aggrieved party to restart or revive a dismissed or ex parte matter. At TRW Law Firm, we have successfully assisted clients in navigating these rules to reinstate their suits or set aside ex parte decrees, ensuring their rights are not denied due to procedural lapses.

This comprehensive article explores these rules, remedies, and their strategic application — including real-world examples from TRW Law Firm’s experience.

Order IX of CPC: Appearance and Non-Appearance of Parties

Order IX is the cornerstone provision dealing with appearances in civil suits. It specifies the responsibilities of parties, and the consequences of failure to appear at different stages.

Simple Rules to Remember:

• If plaintiff does not appear → Dismissal of suit
• If defendant does not appear → Ex parte decree
• If neither party appears → Dismissal of suit

Rule-by-Rule Analysis of Order IX

Rule 1 – Defendant must appear with written statement

The defendant must appear personally or through counsel on the date of hearing and file a written statement. If absent, further consequences follow under Rule 6.

Rule 2 – Dismissal for failure to serve summons

If summons is not served due to the plaintiff’s default, such as non-payment of postal fees or failure to provide a correct address, the court may dismiss the suit.

✅ TRW Case Example

In TRW Law Firm vs. Commercial Vendor Ltd., our client’s suit was dismissed due to incorrect address submission. Within the 30-day window, we filed a restoration application under Rule 4, proving the error was due to a clerical mistake. The suit was successfully reinstated.

Rule 3 – Dismissal where neither party appears

If neither plaintiff nor defendant appears on the hearing date, the court may dismiss the suit.

✅ Remedy

The plaintiff may:

• File a fresh suit (subject to limitation laws)
• Or apply to set aside the dismissal under Rule 4 by showing sufficient cause

Rule 4 – Setting aside dismissal / Filing a fresh suit

• If the suit is dismissed under Rule 2 or 3, the plaintiff can file an application for setting aside dismissal, or start a fresh suit, within 30 days.

Rule 5 – When summons is returned unserved

If the first summon is not served and the plaintiff fails to pursue or serve a second summons, the suit will be dismissed.

✅ TRW Insight

We regularly monitor court services to ensure summons are served on time. In Client X vs. Developer Y, our proactive approach avoided Rule 5 dismissal by reissuing summons within the allowable time.

Ex Parte Proceedings: Rules 6 and 7

Rule 6 – Ex parte decree when defendant does not appear

If only the plaintiff appears and proves that summons was duly served, the court may pass an ex parte decree.

However, if:

• Summons was not properly served → Court reissues summons
• Insufficient time given → Adjournment granted

Rule 7 – Defendant appears at adjourned date

If the defendant appears after ex parte decree and shows good cause, the court may allow him to contest and fix a new date.

Rule 8 – Dismissal where only defendant appears

If the plaintiff fails to appear but the defendant is present:

• The suit is dismissed
• If the defendant admits the claim → Decree may still be passed

✅ TRW Client Experience

In Ms. K vs. Landlord M, our client missed a hearing due to hospitalization. The suit was dismissed. We immediately filed for restoration under Rule 9, with medical documents — the court reinstated the suit within a week.

Remedies Against Dismissal – Rules 9 and 9A

Rule 9 – Restoration by Showing Cause

Requirements:

• File an application within 30 days (Art. 163 of Limitation Act)
• Provide sufficient cause for non-appearance

Rule 9A – Speedy Remedy without Cause

Requirements:

• File within 30 days
• No need to explain cause
• Pay court-imposed cost (up to Tk. 1,000)
• Only once per case

✅ TRW Example

In S Islam vs. Importer Z, the suit was dismissed for non-appearance due to sudden internet outage during a virtual hearing. Using Rule 9A, we restored the suit without detailed cause, paying a Tk. 750 fine.

Remedies Against Ex Parte Decree – Rules 13 and 13A

Rule 13 – Set Aside by Showing Cause

• Application within 30 days (Art. 164 of Limitation Act)
• Prove valid reason for absence

Rule 13A – Speedy Set Aside without Cause

• No need to show reason
• Pay court cost (up to Tk. 3,000)
• Application within 30 days
• Only one such application allowed

✅ TRW Case Story

In Ali vs. National Construction Ltd., an ex parte decree was passed for alleged failure to attend. TRW swiftly invoked Rule 13A, paid the fine, and successfully had the decree set aside.

Appeal and Review Options

Appeal – Section 96(2) CPC

An ex parte decree is a decree and hence appealable under Section 96(2).

Review – Section 114 CPC

If new facts or errors are discovered after the decree, a review petition may be filed.

Application Under Section 151 CPC

If fraud or manipulation is involved in securing an ex parte decree, relief can be sought under inherent powers of the court via Section 151.

Conclusion: Justice with Compassion

The law surrounding non-appearance under Order IX balances judicial efficiency with human circumstances. While absence has consequences, the remedies provided ensure that litigants are not denied justice due to honest mistakes or unexpected setbacks.

At TRW Law Firm, we approach such matters with both legal precision and strategic empathy. Our case history shows a 90%+ success rate in restoring suits and setting aside ex parte decrees using the right remedy at the right time.

Summary Table: Order IX Remedies

Contact TRW Law Firm

Phones:

• +8801708000660
• +8801847220062
• +8801708080817

Emails:

• info@trfirm.com
• info@trwbd.com
• info@tahmidur.com

Offices:

• Dhaka: House 410, Road 29, Mohakhali DOHS
• Dubai: Rolex Building, L-12 Sheikh Zayed Road

Let TRW help you protect your rights — because justice should not be lost due to absence alone.