Section 86: Consequences of absence of parties on appointed date for appearance

1) If the plaintiff does not appear on the date 98 appointed for trial and proceeding in any case related to an offence under Schedule-4, the court shall appoint another date for appearance in estimation of the time-limit that can be extended by him or her pursuant to the proviso to sub-section (1) of Section 85.

2) If the party to a case appears on or before the other date as appointed for appearance pursuant to sub-section (1) and makes a petition subject to the proviso to sub-section (5) of Section 59, showing a reasonable reason for being unable to appear on the previous appointed date owing to a force majeure event, the court shall extend the appointed date for appearance of him or her and adjudicate the case in accordance with law.

3) If the party to a case does not appear in the court on the other date appointed for appearance pursuant to sub-section (1) and it appears or is held from the evidence contained in the case-file that the defendant has admitted the plaintiff’s claims in whole or in part, the court shall adjudicate the case by making judgment to such extent, and dismissing it to the extent that the claims which do not appear or are not held to be admitted by the defendant.

Provided that where the plaintiff is in attendance, but the defendant is absent, the court shall adjudge the case accordingly, by examining all proofs and evidence adduced by the plaintiff and the defendant.

4) Even though the accused or defendant does not appear in the court subsequent to a deposition or statement of defense made in the court pursuant to this Act, the court may proceed and adjudicate the case in accordance with law.