ance: (1) If the plaintiff does not appear on the date
99
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.
100