The provisions concerning the sole appearance of the defendant are outlined in rules 7-11 of Order IX. When the defendant appears but the plaintiff is absent, two situations may arise:
- The defendant does not accept the plaintiff’s claim, either in whole or in part.
- The defendant admits the plaintiff’s claim.
If the defendant does not accept the plaintiff’s claim, the court will order the dismissal of the suit. However, if the defendant fully or partially admits the plaintiff’s claim, the court has the authority to issue a decree against the defendant based on such admission. The remaining portion of the claim will be dismissed.
Dismissal of the plaintiff’s suit without hearing their side is a grave matter and should only be employed when the court is convinced that it is necessary in the interest of justice. This was highlighted by Beaumont, C.J. in the case of Shamdasani v. Central Bank of India.