What will hapen if the petitioner does not show up despite the summons?



Rule 8 of the Order IX of the Code of Civil Procedure, 1908 (CPC) talks about the legal consequences of the non-appearance of the plaintiff and the appearance of the defendant in the court of law. According to the rule, in a case where the defendant makes an appearance in the court of law on the due date and the plaintiff remains absent from the proceedings. The court shall make an order of dismissal of the case unless the defendant admits a claim or parts thereof as in such a case the court can pass a decree against the defendant upon such admission or where only the part of the claim is admitted.

While a summons is an invitation for a person to appear in court, it is not an order. If the individual does not wish to go to court and simply does not appear or answer the complaint, the judge can decide the case without him or her there. In many cases, this results in a default judgment against the defendant.
But under no circumstance the person should avoid appearing before the Court, in the event if the person summoned fails to appear before the Court, the Court may hold the person in contempt and/or issue Warrant against such person.

You can also file a petition in the High Court for quashing of the FIR under section 482 of the Code of Criminal Procedure, 1973 (CrPC), which says, ” Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

Reference: Non-appearance, Ex-parte



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