61.
Procedure where only the Defendant Appears:(1) Where at the time fixed for the first sitting, the plaintiff does not appear, and the
defendant appears, the Court shall make an order that the suit be dismissed unless the
defendant admits the claim or part thereof, in which case the Court shall pass a decree
against the defendant upon such admission, and, where part only of the claim has been
admitted, shall dismiss the suit so far as it relates to the remainder.
(2) Where a suit is wholly or partly dismissed, the plaintiff shall be precluded from
bringing a fresh suit in respect of the same cause of action.
(3) Where a suit is so dismissed the plaintiff may apply within thirty days from the date
of the dismissal for an order to set the dismissal aside, and if he satisfies the Court
that there was sufficient cause for his non-appearance when the suit was called on for
hearing, the Court shall make an order setting aside the dismissal upon such terms as
to costs or otherwise as it thinks fit and shall appoint a day for proceeding with the
suit.
62.
Procedure on Appearance of more of Several Plaintiffs:Where there are two or more plaintiffs and one or more of them appear and the other do
not appear, the Court may, at the instance of the plaintiff or plaintiffs appearing, proceed
with the suit in the same way as if all the plaintiffs had appeared, or make such orders as
it thinks fit.
63.
Procedure on Non-Appearance of one or more of Several Defendants:Where there are two or more of them appear and the others do not appear, the suit shall
proceed and the Court shall at the time of pronouncing judgement make such order as it
thinks fit with respect to the defendants who do not appear.
64.
Notice to be Given to Opposite Party:No order shall be made under section 60(3) and no decree shall be set aside under section
61(3) unless notice of the application therefore has been served on the opposite party.
65.
Non-appearance of Parties on day to which the Suit is Adjourned:Where on any day to which the hearing of the suit is adjourned, the parties or any of them
fail to appear, the Court shall make such decrees or orders as it thinks fit.
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