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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order IX: Appearance Of Parties And Consequence Of Non-appearance

Order IX Rule 6 CPC: Procedure when only plaintiff appears

Bare Act text

6. Procedure when only plaintiff appears.—(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then—

[(a) When summons duly served.—if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte;]

(b) When summons not duly served.—if it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant;

(c) When summons served but not in due time.—if it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.

(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.

Amendment notes

  1. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f. 1-2-1977).

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 the plaintiff appears and the defendant does not, and the summons is proved to be duly served, the Court may order the suit heard ex parte. If service is not proved, the Court must direct a second summons to be issued and served. If the summons was served but not in sufficient time for the defendant to appear, the Court must postpone the hearing and give him notice of the new day. Sub-rule (2) deals with cases where non-service is due to the plaintiff's default.

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
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