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Special Exceptions as Part of the Texas Answer Special exceptions should be filed with the answer or shortly afterward. Each exception is presented to the judge in writing. It should cite the objectionable paragraph by number, explaining exactly what is missing, incorrect, or unclear.
Order IX, Rule 8, lays down that if the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order dismissing the suit, unless the claim is admitted wholly or in part, in which case the claim shall be decreed only to the extent to which it is admitted. 5.
Take your completed Form SC-150 or letter to the clerks office. Ask the clerk to attach it to your file. Or go to your trial and ask the judge for a postponement (or continuance). In your Form SC-150 or letter, give the judge a good reason why you are filing your request late.
When neither the Plaintiff nor the Defendant appears before the court and the suit is called for hearing then the court is empowered to dismiss the suit under Rule 3 of Order IX of the Code of Civil Procedure.