Order 9 CPC describes the procedure in civil cases when the parties fail to appear before the court on hearing date. When the plaintiff is absent, court may dismiss the suit or if the defendant is absent, court may proceed exparte. If the counsel submits no instructions and the defendant is absent in the court and court proceded exparte, without issuing notice to the defendant, how the rights of the absentee party could be protected - High Court of Kerala answered this question in Jayalekshmi v.Avara 2003 2 KLT 901 taking clue from other judgments of supreme Court.
If a notice either registered or not was not issued by the lawyer to the concerned party and there is nothing in record to show that such a notice was sent to the parties there is no justification for the court to proceed exparte. It shows the legal obligation of the court to issue notice to the party in such situations.
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