Section 123 in Jammu and Kashmir Panchayati Raj Rules, 1996
123. Disposal of suits or cases in absence of parties concerned.
(1)If the plaintiff or complainant fails to appear after having been informed of the time and place fixed for hearing, the Panchayati Adalat may dismiss the suit or case.(2)The Panchayati Adalat may hear and decide a suit or case ex parte in the absence of the defendant or the accused if he has been informed of the time and place for hearing :Provided that no sentence shall be imposed by a Panchayati Adalat on any accused person unless he has appeared either in person or by agent before it and the substance of his statement has been recorded.(3)If after the service of summons upon him, an accused person fails to appear either in person or by agent, the Panchayati Adalat may apply to the Tehsildar concerned who shall compel the accused to appear in person before the Panchayati Adalat as if he were the Magistrate trying the case.(4)When an accused person has been under the preceding sub-section compelled to appear before a Panchayati Adalat it shall forthwith take his statement.(5)If the plaintiff does not appear and his suit is dismissed for default or the defendant fails to appear and an ex parte decree is passed against him, such plaintiff or defendant may, within a period of one month from the date of such orders or decree, make an application for the restoration of suit after setting aside the order of dismissal or ex parte decree, as the case may be, and the Panchayati Adalat may make an order restoring the suit as aforesaid ; provided the applicant shows sufficient cause for his absence.
