Absence of party at trial
570 Absence of party at trial
If, when the trial of a proceeding is called on – the plaintiff or applicant appears and a defendant or respondent does not appear, the plaintiff or applicant – may prove the claim against that defendant or respondent; and is entitled to judgment dismissing any counterclaim or cross-application brought by that defendant or respondent; or a plaintiff or applicant does not appear, a defendant or respondent who does appear – is entitled to judgment dismissing the proceeding insofar as it is brought by that plaintiff or applicant; and may prove any counterclaim or cross-application brought against that plaintiff or applicant; or no party appears, the proceeding may be struck out and wholly discontinued and no party is entitled to costs.
On the application of a party who did not appear at trial made within 14 days after trial, the Court or a judge may set aside or vary any judgment, order or verdict obtained under subrule (1).
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