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Will Court Consider Defendant Evidence When Petitioner Not Appearing


20-Jun-2025 (In Civil Law)
I have a civil case related to property. Petitioner filed a case claiming land is theirs but not appearing to court once trail has started and just filed pw1 but not marking his own documents. It's been 5 adjournments. I have a strong case and I have filed my written statement but no counterclaim. If petitioner doesn't show up next time will judge dismiss the case or will it allow me to file my evidence and mark them and hear my case. Do I need to file any 151 cpc requesting court to allow me to file my evidence and consider it. Please suggest
Answers (3)

Answer #1
763 votes
You do not necessarily need to file a Section 151 CPC application to submit evidence, as courts generally allow parties to present evidence during the trial stage unless specific procedural issues arise. To safeguard your position, be prepared to argue your case strongly at the next hearing. If the case is dismissed, you may still have the option to file a counterclaim or seek other legal remedies, but consult a local legal expert for tailored advice
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Advocate Illamaran J

Adv. Illamaran J

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Answer #2
691 votes
If the plaintiff continues to remain absent despite repeated adjournments and fails to prosecute the case, the court has the power to dismiss the suit for default under Order 9 Rule 8 or proceed ex parte under Order 17 Rule 2 CPC. Since you have filed your written statement but no counterclaim, the court will not grant relief to you beyond defence unless you seek specific relief through proper application. You can file an application under Section 151 CPC requesting the court to permit you to lead evidence and mark your documents, especially if the plaintiff is absent. This proactive step will help protect your interests and strengthen your position in case the suit is dismissed or decided on merits. Advocate Arjun Saravanan Rajendra Law Office LLP
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Advocate Arjun S

Adv. Arjun S

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Answer #3
924 votes
Yes, if the petitioner is absent repeatedly after trial has commenced and has not marked their documents despite filing PW1, the court may proceed under Order XVII Rule 2 or Rule 3 CPC, depending on whether evidence was partly recorded. The judge has the discretion to either dismiss the case for default or proceed with the available material. Since you’ve filed your written statement but not a counterclaim, the court cannot grant you independent relief, but it can decide the case on merits if evidence is permitted. To safeguard your position and avoid further delay, you should file an IA under Section 151 CPC requesting the court to: • Permit you to file your evidence and mark documents, • Close petitioner’s side for non-prosecution, • And decide the case on merits. This will demonstrate your readiness and may prompt the court to proceed even if the petitioner is absent again. — Adv. Venkatakrishnan, Apex Law Office LLP, Chennai.
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Advocate Venkatakrishnan A M

Adv. Venkatakrishnan A M

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