Civil Procedure Code Relief
Lack of jurisdiction
A court may dismiss the case outright, if, it (the court) does not have requisite jurisdiction, either pecuniary or territorial.
Dismiss In Default (Order 4)
- If neither party appears on the date of hearing then the court is entitled to dismiss the suit,
- If the Defendant appears and the plaintiff does not appear, then the court is bound to dismiss the suit
- However, if the plaintiff appears and the defendant does not
- appear, then the court is authorized to either postpone the hearing or proceed with the suit " Exparte ", i.e. without defendant.