Q.

What may be the consequence if the defendant is present but the

plaintiff is absent from the court on the fixed day for appearance and
answer by the defendant? What are the remedies available for the
plaintiff?
Consequences: According to order 9 rule 8 there have three
consequences where the defendant is present but the plaintiff is absent
from the court on the fixed day of appearance. These are given below:1. The court shall give decree in favour of plaintiff, if the defendant
admits the claims.
2. The court shall dismiss the suit, if the defendant not admits the claims.
3. The court shall give partly decree and partly dismiss the suit, where the
defendant partly admits of the claims.
Remedies: Followings are the remedies for the plaintiff:1. Plaintiff may file application for setting aside the dismissal order.
2. Order 9 rule 9 bars fresh suit where a decree is passed against plaintiff
for his default.
3. Order 9 rule 9(a) states about directly set aside the dismissal. Here it is
mentioned that the plaintiff can application for setting aside the dismissal
order with submitting requisite cost not exceeding one thousand taka.