Legal basis: 1. Article 143 of the "Civil Procedure Law" stipulates: "If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena or leaves the court midway without permission of the court, he may be The lawsuit shall be withdrawn; if the defendant counterclaims, a default judgment may be made." In this case, the People's Court can only make a judgment on the counterclaim and cannot make a default judgment on the counterclaim together with the main lawsuit. Because of this part of the lawsuit, the court should dismiss the lawsuit. However, because the defendant filed a counterclaim, the plaintiff in this lawsuit became the defendant in the counterclaim. Therefore, the court can make a default judgment against the defendant in the counterclaim for not appearing in court.
2. Article 144 of the "Civil Procedure Law": "If the defendant refuses to appear in court without justifiable reasons after being summoned by subpoena, or leaves the court midway without permission of the court, a judgment may be made in absentia."
3. Article 235 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the "Civil Procedure Law of the People's Republic of China" stipulates: "If the legal representative of a party has no capacity for civil conduct, If a person refuses to appear in court after being summoned by this court without justifiable reasons, if he is the plaintiff, he may withdraw the lawsuit according to the provisions of Article 143 of the Civil Procedure Law; if he is the defendant, he may withdraw the case according to Article 100 of the Civil Procedure Law. According to the provisions of Article 44, default judgment is made. "
4. A third party without independent claim rights refuses to appear in court without justifiable reasons or leaves the court midway without the permission of the court after being summoned by the people's court.
5. Article 145 of the Civil Procedure Law stipulates: "If the people's court rules that the lawsuit is not allowed to be withdrawn, if the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, a default judgment may be made."< /p>