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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 8 CPC: Procedure where defendant only appears

Bare Act text

8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

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 defendant appears and the plaintiff does not when the suit is called on for hearing, the Court must order the suit dismissed. The exception is where the defendant admits the claim or part of it, in which case the Court must pass a decree against him on that admission and dismiss the suit as to any remainder.

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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