If you have not engaged any lawyer for your case, then read the provisions of Order 9 of the CPC which relate to “Appearance of Parties and Consequence of Non-appearance”. When conditions mentioned for ex parte hearing are satisfied, the court will order an ex parte hearing. In particular, Rule 6 of Order 9 is relevant:
“6. Procedure when only plaintiff appears.— (1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then—
(a) When summons duly served.— If it is proved that the summons was duly served, the Court may make an order that the suit be heard ex parte;
(b) When summons not duly served.— If it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant;
(c) When summons served but not in due time.— If it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.
(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.”
Since you have mentioned that one defendant appeared but has not filed written statement, the relevant legal provision is Order 8 Rule 11 of CPC:
“10. Procedure when party fails to present written statement called for by Court.— Where any party from whom a written statement is required under Rule 1 or Rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
