1198
No. 3 of 1901.
Default of appearance by plaintiff.
CODE OF CIVIL PROCEDURE.
297. If the plaintiff does not appear but the defendant appears, the Court, on being satisfied that the plaintiff has received notice of trial, shall, unless it sees good reason to the contrary, strike the cause out of the trial paper, and make such order as to costs in favour of the defendant as may seem just.
s. 61 (2).
Default of appearance by defendant.
298. If the plaintiff appears but the defendant does not appear, the Court shall, before trying the cause, inquire into the service of the writ of summons, of the statement of claim, and of notice of trial on the defendant.
[ib. s. 61 (3).]
Adjournment for further service.
299. If it is not satisfied as to the service on every party, the Court shall direct such further service to be made as it may think fit, and shall adjourn the trial of the cause for that purpose.
[ib. s. 61 (4).]
Procedure where no statement of defence filed.
[ib. s. 33 (3).]
Trial ex parte.
300. Where the defendant does not file a statement of defence, the plaintiff at the trial must open his case, and adduce evidence in support of it, and take such judgment as to the Court may seem just, and the defendant shall not be entitled to be heard at the trial, without the special leave of the Court, and then only to such extent and in such manner as the Court may permit.
301. If it is satisfied that the defendant has been duly served with the writ of summons, the statement of claim, and notice of trial, the Court may proceed to try the cause notwithstanding the absence of the defendant, and may, on the evidence adduced by the plaintiff, give such judgment as may seem just. The Court, however, shall not be bound to do so, but may, if it thinks fit, order the trial to stand over to a further day, on such terms as may seem just, and direct fresh notice to be given to the defendant.
[ib. s. 61 (5).]
Re-trial of cause for absent defendant in certain cases.
[ib. s. 61 (6).]
Procedure where cause struck out
302. In any case where the plaintiff has obtained leave to proceed ex parte for want of appearance to the writ of summons, and in all other cases where the Court tries a cause and judgment is given in the absence of and against any defendant, the Court may afterwards, if it thinks fit, on such terms as may seem just, set aside the judgment and re-try the cause, on its being established by evidence upon oath, to the satisfaction of the Court, that the defendant's absence was not wilful and that he has a defence on the merits.
303.-(1) Where a cause has been struck out of the trial paper by reason of the absence of the plaintiff, the Court may, on the application of the defendant, made within 7 days after such
[ib. s. 61 (7).]
for absence of plaintiff