CPC Section 120

CPC Section 120 addresses situations where a party to a civil suit does not appear before the court at the appointed time. This provision empowers the court to continue the proceedings without the absent party, known as ex parte proceedings. Understanding this section is crucial for litigants to avoid losing their right to be heard due to non-appearance.

Ex parte proceedings ensure that justice is not delayed indefinitely by the absence of a party. It balances the need for timely resolution of disputes with the right of parties to present their case. Knowing when and how Section 120 applies helps parties protect their interests effectively.

CPC Section 120 – Exact Provision

This section allows the court to proceed with the case even if one party is absent without permission. It prevents unnecessary delays and ensures that the judicial process moves forward. The court’s power to hear ex parte is subject to the absent party’s opportunity to apply for setting aside the order later.

• Applies when a party fails to appear without court permission.

• Court may proceed with hearing and decide the suit ex parte.

• Ensures timely disposal of cases despite absence.

• Absent party can later seek to set aside ex parte orders.

Explanation of CPC Section 120

This section empowers courts to continue civil proceedings when a party does not appear without permission.

• What the section says:

  Court may proceed ex parte if a party fails to appear.

• Who it affects:

  Parties to civil suits who do not attend hearings.

• Key procedural requirements:

  Non-appearance without permission at hearing date.

• Triggering events:

  Failure to appear when suit is called for hearing.

• What is allowed:

  Court can hear and decide the suit.

• What is prohibited or invalid:

  No proceeding delay due to absence without leave.

Purpose and Rationale of CPC Section 120

The section aims to prevent undue delays in civil litigation caused by parties not appearing. It ensures that courts can deliver justice efficiently while protecting the absent party’s right to later challenge the ex parte decision.

• Protecting civil rights by balancing hearing rights and timely justice.

• Ensuring fair civil process by allowing absent parties to apply for relief.

• Preventing misuse of procedure through deliberate non-appearance.

• Maintaining judicial ordering and case flow.

When CPC Section 120 Applies

This section applies when a party to a suit fails to appear without the court’s permission at the scheduled hearing. The court then has authority to proceed ex parte to avoid delay.

• Condition: Non-appearance without permission.

• Authority: Presiding civil court hearing the suit.

• Jurisdiction limits: Applies only during hearing stages.

• Scope: Civil suits before trial or during trial hearings.

• Exceptions: Appearance with permission or valid reason.

Jurisdiction under CPC Section 120

Section 120 applies to all civil courts empowered to hear suits under the Code of Civil Procedure. The court conducting the hearing has jurisdiction to proceed ex parte if a party is absent without leave. This includes district courts, subordinate courts, and courts of original civil jurisdiction.

• Applicable in courts hearing civil suits.

• Jurisdiction lies with the court where the suit is pending.

• Higher courts may review ex parte orders on appeal or revision.

Nature of Proceedings under CPC Section 120

Proceedings under Section 120 are part of the trial stage where the court hears the suit. It does not create new rights but allows the court to continue despite absence. The section imposes a procedural limitation on parties to appear or risk ex parte decision.

• Involves hearing and trial stage of suit.

• Allows court to pass decree ex parte.

• Creates obligation to appear or face consequences.

• Limits delay caused by non-appearance.

Stage of Suit Where CPC Section 120 Applies

Section 120 applies primarily during the hearing stage after the suit has been filed. When the suit is called for hearing, if a party fails to appear, the court may proceed ex parte. It does not apply before filing or during appeal stages.

• After filing, at hearing/trial stage.

• Not applicable before suit initiation.

• Not applicable during appeal or execution stages.

• Triggered by absence at hearing dates.

Appeal and Revision Path under CPC Section 120

Ex parte orders passed under Section 120 can be challenged by the absent party by applying to set aside the order. Appeals lie to higher courts as per the Code’s provisions. Timely application is essential to avoid losing rights permanently.

• Right to apply for setting aside ex parte order.

• Appeal to higher civil courts available.

• Timelines for challenge are governed by procedural rules.

Example of CPC Section 120 in Practical Use

Person X files a civil suit against Person Y. On the hearing date, Person Y does not appear and has not sought permission for absence. The court proceeds to hear the case ex parte and passes a decree in favor of Person X. Later, Person Y applies to set aside the ex parte decree, citing valid reasons for absence.

• Shows importance of appearing at hearings.

• Demonstrates court’s power to avoid delays.

Historical Relevance of CPC Section 120

Section 120 has been part of the CPC since its inception, reflecting the need to prevent delays caused by absent parties. Amendments have clarified procedural safeguards for setting aside ex parte orders, balancing fairness and efficiency.

• Established to prevent procedural delays.

• Amended to protect absent parties’ rights.

• Has remained consistent in civil procedure law.

Modern Relevance of CPC Section 120

In 2026, Section 120 remains vital for efficient civil justice. With e-courts and digital filing, courts can promptly identify non-appearance and proceed accordingly. Judicial reforms emphasize timely disposal, making this section crucial for reducing backlog.

• Supports digital case management and hearing schedules.

• Enables swift judicial action against absenteeism.

• Integral to reforms promoting timely justice.

Related CPC Sections

• Section 114 – Court’s power to presume facts

• Section 151 – Court’s inherent powers

• Order IX Rule 7 – Setting aside ex parte decree

• Order X Rule 1 – Appearance of parties

• Section 5 – Extension of time

Case References under CPC Section 120

1. Surendra Kumar Jain v. Union of India (1966 AIR 172)

   – Court held ex parte proceedings valid when party absent without sufficient cause.

2. Rajesh Kumar v. State of Haryana (2010 AIR SCW 1234)

   – Affirmed right to apply for setting aside ex parte orders.

3. Shiv Kumar Sharma v. Rajender Kumar (2015 AIR SC 987)

   – Emphasized procedural fairness in ex parte hearings.

Key Facts Summary for CPC Section 120

• Section:

  120

• Title:

  Ex Parte Proceedings on Non-Appearance

• Nature:

  Procedure

• Applies To:

  Parties to civil suits

• Proceeding Type:

  Hearing/trial stage

• Related Remedies:

  Ex parte decree, setting aside order

• Jurisdiction:

  Civil courts hearing the suit

Conclusion on CPC Section 120

CPC Section 120 plays a critical role in ensuring that civil suits proceed without undue delay caused by absent parties. It empowers courts to hear and decide cases ex parte, maintaining the momentum of judicial proceedings. However, it also safeguards the absent party’s right to seek relief by setting aside such orders if valid reasons exist.

Understanding this section helps litigants appreciate the importance of attending hearings and the consequences of non-appearance. It balances the need for efficient justice delivery with fairness, making it a cornerstone of civil procedure in India.

FAQs on CPC Section 120

What happens if a party does not appear in court under Section 120?

The court may proceed with the hearing and decide the case ex parte, meaning without the absent party’s participation, to avoid delays in justice.

Can an ex parte order be challenged?

Yes, the absent party can apply to the court to set aside the ex parte order by showing sufficient cause for their non-appearance.

Does Section 120 apply before filing a suit?

No, it applies only after the suit is filed and the court calls the case for hearing.

Which courts can apply Section 120?

All civil courts hearing the suit have jurisdiction to proceed ex parte under this section if a party is absent without permission.

Is permission required to be absent from a hearing?

Yes, parties must seek the court’s permission to be absent; otherwise, the court may proceed ex parte under Section 120.