A files a suit against B over a contractual dispute. The court summons B and fixes a date to hear the matter. On the appointed day, A fails to appear in person. A's lawyer informs the court and B that A will be unable to attend the hearing as she is attending a parent-teacher meeting at her son's school. In light of these facts and the principle below, what is the court most likely to do ?

All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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12.

A files a suit against B over a contractual dispute. The court summons B and fixes a date to hear the matter. On the appointed day, A fails to appear in person. A's lawyer informs the court and B that A will be unable to attend the hearing as she is attending a parent-teacher meeting at her son's school. In light of these facts and the principle below, what is the court most likely to do ?

Principle :

The parties to a suit must attend the court in person or through the lawyers on the date fixed in the summons for the defendant to appear. If a plaintiff or a defendant, who has been ordered to appear in person, does not appear in person or show sufficient cause for non- appearance, the court may dismiss the suit, if he is the plaintiff, or proceed ex parte, if he is the defendant.

A: The court will dismiss the suit, as the plaintiff did not appear in person.

B: The court will proceed ex parte, as the defendant did not appear in person.

C: The court will proceed with the hearing, as the plaintiff has sufficient cause to be absent.

D: The court will proceed with the hearing, the defendant has as sufficient cause to be absent.

E: The court will proceed with the hearing, as the defendant and the plaintiff's lawyer are present in court.

The answer is: E

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Explanation

The correct option is E: The court will proceed with the hearing, as the defendant and the plaintiff's lawyer are present in court.

Explanation:

According to the provided principle, when a party to a suit, either the plaintiff or the defendant, has been ordered to appear in person and does not appear in person or show sufficient cause for non-appearance, the court may dismiss the suit if the plaintiff is absent or proceed ex parte if the defendant is absent.

In this scenario:
- A is the plaintiff who failed to appear in person.
- A's lawyer informed the court and B about A's inability to attend the hearing due to a parent-teacher meeting at her son's school.

However, it's important to note that A's lawyer is present in court on the appointed day. This means that while A, the plaintiff, may not be physically present, her legal representation is there. Additionally, B, the defendant, is also present in court.

Given these circumstances, the court is likely to proceed with the hearing because both the defendant (B) and the plaintiff's lawyer are present in court. This allows for a fair and proper adjudication of the matter, ensuring that the defendant has the opportunity to present their case and defend themselves. The presence of A's lawyer represents sufficient cause for A's absence, as the lawyer can represent A's interests in the proceedings.