Answer By law4u team
If the defendant does not appear in a recovery suit (a suit filed for the recovery of money or property) in India, the following consequences can arise: 1. Ex Parte Proceeding: If the defendant fails to appear in court despite receiving notice, the court may proceed with the case ex parte (in the absence of the defendant). This means the court will hear the case based on the evidence presented by the plaintiff (the party who filed the suit) and may pass a judgment in favor of the plaintiff if the evidence is found sufficient. 2. Passing of Ex Parte Judgment: If the defendant does not appear in court or fails to file a written statement or response to the suit, the court may pass an ex parte decree. An ex parte decree is a judgment granted in favor of the plaintiff without hearing the defendant, typically due to the defendant's absence or failure to defend the case. The plaintiff must present all relevant evidence to convince the court of their claim. 3. Application for Setting Aside the Ex Parte Decree: If the defendant later wishes to contest the judgment, they can apply to the court to have the ex parte decree set aside. The defendant must show sufficient cause for their absence at the initial hearing (e.g., illness, legal inability to appear, or any other valid reason). If the court is satisfied with the reasons provided, it may set aside the ex parte decree and allow the defendant to present their case. 4. Execution of the Decree: Once an ex parte decree is passed, the plaintiff can take steps to execute the decree and recover the amount or property awarded by the court. The court may issue warrants, attachment orders, or other execution processes to enforce the decree and recover the dues. 5. Adverse Inferences: The court may draw adverse inferences from the defendant's non-appearance and failure to contest the suit. The defendant's absence could weaken their chances of defending the suit when they eventually appear. Conclusion: Non-appearance of the defendant in a recovery suit can lead to an ex parte decree in favor of the plaintiff, allowing them to recover the amount or property sought. However, the defendant has the option to apply for setting aside the ex parte decree by providing a valid reason for their absence. If the defendant does not challenge the decree, the plaintiff can proceed with its execution to recover the dues.
