If the plaintiff does not appear at the hearing, if the plaintiff refuses to appear at the hearing without justified reasons after being summoned, or if he withdraws during the hearing without the permission of the court, the case may be dismissed; If the defendant counterclaims, he may make a judgment by default.
Article 146 of the Civil Procedure Law of the People's Republic of China stipulates that if the plaintiff refuses to appear in court without justifiable reasons after being summoned, or withdraws from court midway without the permission of the court, the case may be dismissed; If the defendant counterclaims, he may make a judgment by default. Article 147 stipulates that if the defendant, having been summoned, refuses to appear in court without justified reasons, or withdraws from court midway without the permission of the court, the court may make a judgment by default. Article 148 stipulates that if the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not. If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.
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Legal basis
Article 148 of the Civil Procedure Law of the People's Republic of China, the people's court shall publicly pronounce judgments on all cases that are tried in public or not. If a judgment is pronounced in court, the written judgment shall be sent within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal. When a divorce judgment is pronounced, the parties must be informed that they may not marry again before the judgment becomes legally effective.
Article 146 of the Civil Procedure Law of the People's Republic of China, if the plaintiff refuses to appear in court without justified reasons after being summoned, or withdraws from court midway without the permission of the court, the case may be dismissed; If the defendant counterclaims, he may make a judgment by default.
Article 147 of the Civil Procedure Law of the People's Republic of China, if the defendant refuses to appear in court without justified reasons after being summoned, or withdraws from court midway without the permission of the court, the court may make a judgment by default.