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.
Order IX Rule 3 CPC: Where neither party appears suit to be dismissed
Bare Act text
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 neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed. The plaintiff's remedies against such a dismissal are in rule 4.
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
- 2 Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs
- 3 Where neither party appears suit to be dismissed
- 4 Plaintiff may bring fresh suit or Court may restore suit to file
- 5 Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons
- 6 Procedure when only plaintiff appears
- 7 Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
- 8 Procedure where defendant only appears
- 9 Decree against plaintiff by default bars fresh suit
- 10 Procedure in case of non-attendance of one or more of several plaintiffs
- 11 Procedure in case of non-attendance of one or more of several defendants
- 12 Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
- 13 Setting aside decree ex parte against defendant
- 14 No decree to be set aside without notice to opposite party