BBanaka App Studio

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.

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

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.