ORDER - IX  

APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE  

1. PARTIES TO APPEAR ON DAY FIXED IN SUMMONS FOR DEFENDANT TO APPEAR AND ANSWER

On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.  

2. DISMISSAL OF SUIT WHERE SUMMONS NOT SERVED IN CONSEQUENCE OF PLAINTIFFS FAILURE TO PAY COST

Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service, or to present copies of the plaint as required by rule 9 of order VII, the Court may make an order that the suit be dismissed: 

Provided that no such order shall be made, if, notwithstanding such failure the defendant attends in person (or by agent when he is allowed to appear by agent) on the day fixed for him to appear and answer.  

3. WHERE NEITHER PARTY APPEARS, SUIT TO BE DISMISSED 

Where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.  

4. PLAINTIFF MAY BRING FRESH SUIT OR COURT MAY RESTORE SUIT TO FILE 

Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in rule 2, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.  

5. DISMISSAL OF SUIT WHERE PLAINTIFF AFTER SUMMONS RETURNED UNSERVED,  FAILS FOR SEVEN DAYS TO APPLY FOR FRESH SUMMONS

1. Where after a summons has been issued to the defendant, or to one of several defendants, and returned unserved the plaintiff fails, for a periods of seven days from the date of the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed as against such defendant, unless the plaintiff has within the said period satisfied the Court that—

(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not been served, or  

(b) such defendant is avoiding service of process, or  

(c) there is any other sufficient cause for extending the time, in which case the Court may extend the time for making such application for such period as it thinks fit.

(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.