Chapter: Judgement Against an Absent Defendant

Passing judgment in absentia is permissible when the plaintiff produces valid evidence and alleges that the defendant is denying the claim. If the plaintiff says, “He admits it,” his evidence is not accepted; but if he remains silent about the defendant’s stance, the sounder view is that the evidence is still heard.

The judge is not required to appoint a stand-in who would formally deny the claim on the absentee’s behalf. After the evidence is received, the judge must have the plaintiff swear that the liability truly rests with the defendant—although another opinion holds that taking the oath is only recommended. The same rulings apply to claims brought against a minor or a person of unsound mind.

If an authorised agent files the claim while the defendant is absent, no oath is administered. Should the defendant then appear and say to the plaintiff’s agent, “He has discharged me …”