Code of Civil Procedure, 1908 · Order IX: Appearance Of Parties And Consequence Of Non-appearance

Order IX Rule 2 CPC: Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs

Bare Act text

[2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.—Where on the day so fixed it is found that 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 failure 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.]

Amendment notes

Subs. by Act 22 of 2002, s. 10 for rule 2 (w.e.f. 1-7-2002).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where on the day fixed the summons has not been served on the defendant because the plaintiff failed to pay the court-fee or postal charges for service, or to present copies of the plaint as required by rule 9 of Order VII, the Court may order the suit dismissed. No such order is made if the defendant attends in person, or by agent where allowed, on the day fixed. Substituted in 2002.