Article 107

When the plaintiff appears and the defendant does not appear when the suit is called for hearing:

if it is proved that the summons was duly served, the suit shall be heard ex parte;

if it is not proved that the summons was duly served, the court shall direct a second summons to be served on the defendant;

if it is proved that the summons was served upon the defendant but not in sufficient time to enable him to appear on the day fixed therein, the court may adjourn the hearing; and

if it is proved that the summons was not served upon the defendant or upon any one of several defendants through the plaintiff’s negligence or fault, the court may adjourn the hearing or order that the suit be struck out as against any defendant not served or, in cases of appeal, that the appeal be dismissed as against any respondent not served.

No order for the striking out of the suit or the dismissal of the appeal under sub-Article (1)(d) shall be issued where, although the summons has not been served on the defendant or respondent, the defendant or respondent appears in person or by agent or pleader when the suit or appeal is called for hearing.