Key legal question
Whether, under Art. 245(2) CPC, the defendant's failure to file a voluntary written response in simplified proceedings can result in a default judgment.
Extracted holding
No. In simplified proceedings, the oral hearing is mandatory; failure to file the optional prior written response does not justify a default judgment.
Extracted reasoning
Art. 245(2) CPC gives the defendant only an optional right to a written response. If no written answer is filed, the court must summon the parties to the main hearing without excluding the defendant from allegations or requests. The ordinary-proceedings rule on missed statement of defence does not apply strictly because the simplified procedure is meant to remain inexpensive and workable without lawyers, including for represented parties.