Effects Of Non-Appearance Of The Counsel

Order IX of the Code of Civil Procedure deals with the Non-appearance of the Parties and such default may have the effect of the dismissal of the suit or ex-parte decision by the Courts. Now, the law does not require the personal presence of the Parties unless especially required by the Court. The appearance of the pleader is a deemed presence of the litigant. However, there are instances wherein the cases are dismissed for the default caused due to the negligence of the Counsel.

The disturbing feature of our present adversary legal system where the parties generally appearing through Advocates, the obligation of the Parties is to select the advocate, brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The party may be a villager or may belong to a rural area and may have no knowledge of the Court's procedure. The party may, on the other hand, be a litigant who engages an advocate with the belief that his case will