Alima Umma v. Siyaneris – sllr 2006 volume 1 page 022

In the dispute between Alima Umma (plaintiff) and Siyaneris (defendant), the court examined whether the absence of the plaintiff herself in court constitutes a failure to appear, notwithstanding the presence of her registered attorney and counsel. The court determined that representation by a registered attorney constitutes an appearance by the party within the meaning of the Civil Procedure Code. As a result, dismissal of the plaintiff’s action under Section 87(1) was found to be improper. The findings reaffirm the principle that a party’s representation through a registered attorney fulfills the statutory requirement to appear, thereby preserving litigants’ substantive rights. This decision was grounded in Section 24 and Section 87(1) of the Civil Procedure Code, underscoring that physic