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Where plaintiff makes default, plaint to be rejected with costs. Where defendant does not appear, case to be heard ex-parte. But case may be re-heard on sufficient cause being shown.

§16

Summary

(1) Where the plaintiff fails to attend, or to produce his documents, if any, or to adopt measures to procure that attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the plaint with costs, whether the defendant appears or not, unless the defendant admits the claim. (2) Where defendant does not appear, case to be heard ex-parte.- Where the plaintiff attends as required by section 14, sub-section (1), but the defendant fails to attend, and the Mamlatdar is satisfied from the evidence before him that the notice has been duly served on the defendant and in sufficient time to enable the defendant to appear and answer on the day fixed in the notice, he shall proceed to hear and decide the plaint ex-parte: But case may be re-heard on sufficient cause being shown.- Provided, firstly, that if either party satisfies the Mamlatdar at any time within thirty days from the date of rejection of a plaint under sub-section (1), or of an ex-parte decision under sub-section (2), that he was prevented by some unavoidable circumstance from attending or from producing his documents or from adopting measures to procure the attendance of his witnesses, as the case may be, it shall be lawful for the Mamlatdar to issue a notice in the form of Schedule B at the expense of the applicant to the opposite party and, if still satisfied after hearing the opposite party that the applicant was prevented as alleged, to re-hear the case at such time and place as he may then fix : or Plaintiff may withdraw his suit.- Provided, secondly, that nothing in the foregoing provisions shall prevent the Plaintiff from withdrawing his suit on payment of the defendant's costs.

(1) Where the plaintiff fails to attend, or to produce his documents, if any, or to adopt measures to procure that attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the plaint with costs, whether the defendant appears or not, unless the defendant admits the claim. (2) Where defendant does not appear, case to be heard ex-parte.- Where the plaintiff attends as required by section 14, sub-section (1), but the defendant fails to attend, and the Mamlatdar is satisfied from the evidence before him that the notice has been duly served on the defendant and in sufficient time to enable the defendant to appear and answer on the day fixed in the notice, he shall proceed to hear and decide the plaint ex-parte: But case may be re-heard on sufficient cause being shown.- Provided, firstly, that if either party satisfies the Mamlatdar at any time within thirty days from the date of rejection of a plaint under sub-section (1), or of an ex-parte decision under sub-section (2), that he was prevented by some unavoidable circumstance from attending or from producing his documents or from adopting measures to procure the attendance of his witnesses, as the case may be, it shall be lawful for the Mamlatdar to issue a notice in the form of Schedule B at the expense of the applicant to the opposite party and, if still satisfied after hearing the opposite party that the applicant was prevented as alleged, to re-hear the case at such time and place as he may then fix : or Plaintiff may withdraw his suit.- Provided, secondly, that nothing in the foregoing provisions shall prevent the Plaintiff from withdrawing his suit on payment of the defendant's costs.

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