(1) If the plaintiff fails to appear on the day fixed for the hearing and fails to show a cause of force majeure, the case shall be struck off the rolls. It may be resumed once only, with the same formalities as for the initial petition otherwise it shall be void. If, after an adjournment, he fails to appear, the same shall apply.
(2) If the defendant does not appear but or is not properly represented, the court shall, after examining the case, pronounce a default judgment.
(3) If the defendant does not appear but has presented his defence in a written memorandum, the case shall be decided by a judgment which shall be deemed to have been given after a hearing of both parties.
(4) Any defendant who has appeared in the proceedings shall not thereafter be found to be in default. Any judgment given against him shall be deemed to have been given after a hearing of both parties.
(5) Whatever the case, the judgment shall be notified in accordance with the rules prescribed in Section 151 hereunder so that the period allowed for lodging an appeal may begin to run.
Official text
Transcription: Spot-checked
In force from 14-08-1992
Source page 57
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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