How can the court dismiss a case if the plaintiff does not prosecute the case with due despatch?

The court can dismiss a case for lack of prosecution when the plaintiff fails to move the case forward in a timely manner. This dismissal is typically done through an order made by the court, reflecting its authority to manage its own proceedings and ensure that cases are resolved efficiently.

In cases where there is a delay or inactivity from the plaintiff, the court has the discretion to issue an order of dismissal, often considering factors such as the length of the delay, the implications for the defendant, and the overall interests of justice. This mechanism is a critical aspect of civil procedure, intended to prevent cases from lingering indefinitely and to encourage parties to actively pursue their claims.

Other options, such as the absence of the plaintiff or an explicit request from the defendant, do not invoke the court's procedural powers directly. Mutual agreements between parties typically do not lead to a dismissal without the court’s involvement, as the court still needs to confirm the dismissal through an official order to ensure it adheres to legal and procedural standards. Therefore, the correct method for the court to dismiss a case on these grounds is through an order made by the court itself.