The court's authority to issue a judgment in absentia in the presence of one of the litigants and the absence of the other from the pleading sessions (Comparative Fundamental Study)

Doi:https://doi.org/10.37940/JRLS.2021.2.1.7

Abstract

The litigants may attend the pleading sessions, and here the court does not face a problem or obstruction in the course of the lawsuit, after it has ascertained of their identity, it proceeds to hear the case, and the judgment issued by the court in this case is considered a present judgment. This judgment shall be subject to appeal by all ordinary and extraordinary methods of appeal, with the exception of appealing by way of objecting to the judgment in absence. Here and when one of the litigants is absent and the other is present in the pleading sessions, what is the authority of the court in the court to issue the judgment in absentia? This is what we review in this research by subordinating the fundamentalist concept to the terms of the terms of judgment in absentia and objecting to it.