?What are the effects of not appearing in court

When a petition is filed with the court, after going through customary procedures, a time is fixed for the parties to appear at a meeting. On the basis of this matter, the applicant and the respondent are required to appear before the court within the stipulated time. thus defending their statements. However, it cannot be ignored that there may be situations where the parties are unable to appear in court. We will examine this issue in this article. In other words, failure to appear in court and its consequences. Stay with us.

To begin with, we must say that there are consequences for the parties not appearing in court. If the parties are unable to appear in court, they must appoint an attorney. Or prepare a bill and submit it to the first session of the court. Failure of the parties to appear at the first court session may result in a decision being issued against them. However, below we mention those cases that can be cited and exempted from appearing in court.

Penalty for failure to appear in court

Under the Civil Procedure Act, once an application is filed in a court of law, the time for its consideration is announced to the parties to the case, i.e., the plaintiff and the defendant. In addition, this notice may specify the time and place of appearance, in which case it is called a summons. Therefore, each party must appear in court. Or defend yourself by presenting documents. Failure to appear in court on the part of the parties can have important legal implications such as the issuance of a judgment in absentia.

As a result, it can be concluded that the presence of both parties to the dispute in court is mandatory.

Failure to appear in court

Now, according to what we have said so far, which cases do not appear in court? To answer this question we need to state the following:

Litigants may appoint an attorney to attend court sessions. There is no need for their presence in court in this case. except in special cases such as swearing in court.
Another condition is that if not present at the hearing, a bill should be prepared and submitted enabling the parties to submit their explanations in writing to the court. In these cases, the court renders a judgment on the basis of a bill submitted by the lawyer’s party or the client. However, this is not an absentee vote. In other words, it can be said that this vote is considered individually.
In addition to the two cases above, the parties may have valid excuses for not attending the meeting. They say they cannot appear in court.
Below, we examine the third case of failure to appear in court separately.

Fair excuse for not appearing in court

We stated a valid excuse for not appearing in court. In this section, we will learn about this justifiable excuse. Article 41 of the Code of Civil Procedure refers to cases under the head of just excuses for absence of counsel in court. These reasons apply to the applicant and the respondent. This means that if a party fails to appear in court with these legitimate reasons, the hearing will be extended. These reasons are:

Death of a relative or causal relative from the first class of the parties or their attorneys to the second degree. Relative affinity is divided into three categories. Each class also has a degree. Parents, children and grandchildren on the first floor. Ancestors, sisters, brothers and their children on the second floor. The first degree of the second class includes ancestors and siblings. Their children will also take second place.
Illness of a party or attorney in a way that makes it difficult for them to move.
Events such as floods, earthquakes, and any event beyond the control of the parties.

Effect of failure to appear in court

What are the legal implications of not appearing in court? In the previous part, we mentioned that Article 41 of the Code of Civil Procedure deals with cases entitled justifiable excuse for the absence of counsel in court. If the parties to the dispute fail to appear in court without fulfilling any of the conditions for non-appearance and without a valid excuse, their rights will be overshadowed. However, in the meantime, we must say that the absence of the respondent or petitioner does not preclude the verdict. This means that the judge can make a judgment in absentia. However, this issue can be detrimental to them. Important works on this discussion include:
If the petitioner fails to attend the court session and fails to appoint counsel or send the bill, the court may reject his request.
The petitioner must refile the suit.
Also, the absence of witnesses can lead to his arrest.

Absence of witnesses in court

In the previous section, we referred to the presence of a witness after the effect of failure to appear in court. As a final word in this section, we examine the consequences of witness absence and what the law says about this. Thank you for your cooperation. The legal issues related to this issue are:
According to Article 204 of the Code of Criminal Procedure, the investigator in his discretion or by introducing the plaintiff or at the request of the prosecutor or by declaration of the concerned authority summons the person whose presence or investigation is necessary to clarify the matter, as a rule.
Note 1 of this Act provides that if there is no valid excuse for the absence of a witness or informant, he shall be summoned. However, if he has a valid excuse and the investigator accepts it, he will be recalled and if he does not appear, he will be summoned.
In accordance with Note 2 of this Article, if the cause of action is not limited to the testimony of witnesses and informants, their investigation may be conducted electronically and in compliance with the rules regarding electronic proceedings.

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