First Schedule · Order 9
Appearance of Parties and Consequence of non-Appearance
Rules restart their numbering within each Order. Rule 1 of this Order is not CPC Section 1.
- Rule 1: Parties to appear on day fixed in summons for defendant to appear and answer
- Rule 2: Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs
- Rule 3: Where neither party appears suit to be dismissed
- Rule 4: Plaintiff may bring fresh suit or Court may restore suit to file
- Rule 5: Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons
- Rule 6: Procedure when only plaintiff appears
- Rule 7: Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance
- Rule 8: Procedure where defendant only appears
- Rule 9: Decree against plaintiff by default bars fresh suit
- Rule 10: Procedure in case of non-attendance of one or more of several plaintiffs
- Rule 11: Procedure in case of non-attendance of one or more of several defendants
- Rule 12: Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person
- Rule 13: Setting aside decree ex parte against defendant
- Rule 14: No decree to be set aside without notice to opposite party
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Understand civil procedure
Banaka editorial consolidation of the general central text, with the 2025 postal-service amendments applied. Not an official or certified edition. State/High Court variations, commercial-dispute modifications and prescribed Appendix forms are not consolidated here; consult the source and applicable court rules. Hindi learning guides are original explanations, not a statutory translation. Source checked: 2026-10-01. Government reference PDF. 2025 amending Act. For reference and study, not individual legal advice.