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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate

Order IX CPC: Appearance Of Parties And Consequence Of Non-appearance

All rules of Order IX (Order 9) of the First Schedule to the Code of Civil Procedure, 1908. Each rule has its own page with the official text, amendment notes and a plain-English explanation.

Also see: Bharatiya Nyaya Sanhita, 2023 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Specific Relief Act, 1963 · Code of Civil Procedure, 1908 · IPC to BNS Section Converter

Order IX: Appearance Of Parties And Consequence Of Non-appearance

  1. 1 Parties to appear on day fixed in summons for defendant to appear and answer
  2. 2 Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs
  3. 3 Where neither party appears suit to be dismissed
  4. 4 Plaintiff may bring fresh suit or Court may restore suit to file
  5. 5 Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons
  6. 6 Procedure when only plaintiff appears
  7. 7 Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
  8. 8 Procedure where defendant only appears
  9. 9 Decree against plaintiff by default bars fresh suit
  10. 10 Procedure in case of non-attendance of one or more of several plaintiffs
  11. 11 Procedure in case of non-attendance of one or more of several defendants
  12. 12 Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
  13. 13 Setting aside decree ex parte against defendant
  14. 14 No decree to be set aside without notice to opposite party