AIBE question and official answer

AIBE III 2012 Question 12

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Question 12 of 100 AIBE III 2012 Set Common

A files a suit against B over a contractual dispute. The Court summons B and fixes a date to hear the matter. On the appointed day, A fails to appear in person. A's lawyer informs the Court and B that A will be unable to attend the hearing as she is attending a parent-teacher meeting at her son's school. In light of these facts and the principle below, what is the Court most likely to do?

  1. A The Court will dismiss the suit, as the plaintiff did not appear in person.
  2. B The Court will proceed ex-parte, as the defendant did not appear in person.
  3. C The Court will proceed with the hearing, as the plaintiff has sufficient cause to be absent.
  4. D The Court will proceed with the hearing, as the defendant has sufficient cause to be absent.
  5. E The Court will proceed with the hearing, as the defendant and the plaintiff's lawyer are present in Court. Official answer

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