What is the meaning of Parties to appear on day fixed in summons for defendant to appear and answer? What is Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs? Where neither party appears, suit to be dismissed? What is the meaning Plaintiff may bring fresh suit or Court may restore suit to file? What is Dismissal of suit where plaintiff after summons returned un served, fails for one month to apply for fresh summons? What is the Procedure when only plaintiff appears? What is the Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance? Rule 1, 2, 3, 4, 5, 6 and 7 of Order IX of Code of Civil Procedure 1908
Parties to appear on day fixed in summons for defendant to appear and answer, Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs, Where neither party appears, suit to be dismissed, Plaintiff may bring fresh suit or Court may restore suit to file, Dismissal of suit where plaintiff after summons returned un served, fails for one month to apply for fresh summons, Procedure when only plaintiff appears and Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance are defined under Rule 1, 2, 3, 4, 5, 6 and 7 of Order IX of Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order IX of Code of Civil Procedure 1908 "Parties to appear on day fixed in summons for defendant to appear and answer"
On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.
Rule 2 Order IX of Code of Civil Procedure 1908 "Dismissal of suit where summons not served in consequence of plaintiffs failure to pay costs"
Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, or to present copies of the plaint or concise statements, as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed
Provided that no such order shall be made, if, notwithstanding such failure the defendant attends in person (or by agent when he is allowed to appear by agent) on the day fixed for him to appear and answer.
Rule 3 Order IX of Code of Civil Procedure 1908 "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.
Rule 4 Order IX of Code of Civil Procedure 1908 "Plaintiff may bring fresh suit or Court may restore suit to file"
Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in rule 2, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
Rule 5 Order IX of Code of Civil Procedure 1908 "Dismissal of suit where plaintiff after summons returned un served, fails for one month to apply for fresh summons"
(1) Where after a summons has been issued to the defendant, or to one of several defendants, and returned unserved, the plaintiff fails, for a period of one month from the date of the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed as against such defendant, unless the plaintiff has within the said period satisfied the Court that-
(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not been served, or
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the time,
in which case the Court may extend the time for making such application for such period as it thinks fit.
(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit.
Rule 6 Order IX of Code of Civil Procedure 1908 "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.
Rule 7 Order VIII of Code of Civil Procedure 1908 "Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance"
Where the Court has adjourned the hearing of the suit ex parte, and the defendant, at or before such hearing. appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed to his appearance.
Code of Civil Procedure 1908
ORDER I PARTIES TO SUIT
Who may be joined as plaintiffs? What is Power of court to order separate trails? Who may be joined as defendants? What is Power to order separate trials where joinder of defendants may embarrass or delay trial?, What are the Conditions for entertainment of suits? Rule 1, 2, 3, 3A and 3B of Order I of Code of Civil Procedure 1908
What is the meaning of Court may give judgment for or against one or more of joint parties? What is the meaning of Defendant need not be interested in all the relief claimed? What is the meaning of Joinder of parties liable on same contract? When plaintiff in doubt from whom redress is to be sought? What is the meaning One person may sue or defend on behalf of all in same interest? What is the Power of court to permit a person or body of persons to present opinion or to take part in the proceedings? Rule 4, 5, 6, 7, 8 and 8A of Order I of Code of Civil Procedure 1908
What is Misjoinder and nonjoinder? What is Suit in name of wrong plaintiff? What is Conduct of suit? What is Appearance of one of several plaintiffs or defendants for others? What is Objections as to nonjoinder or misjoinder? Rule 9, 10, 11, 12 and 13 of Order I of Code of Civil Procedure 1908
ORDER II FRAME OF SUIT
What is Frame of suit?, What is the meaning Suit to include the whole claim?, What is Joinder of causes of action?, What is the meaning of Only certain claims to be joined for recovery of immovable property?, What is Claims by or against executor?, Who is administrator or heir?, What is Power of Court to order separate trials?, What is Objections as to misjoinder? Rule 1, 2, 3, 4, 5, 6 and 7 of Order II of Code of Civil Procedure 1908
ORDER III RECOGNIZED AGENTS AND PLEADERS
What is the meaning of Appearance etc may be in person by recognized agent or by pleader?, Who are Recognized agents?, How is Service of process on recognized agent?, What is Appointment of pleader?, What is Service of process on pleader?, What is the meaning Agents to accept service? Rule 1, 2, 3, 4, 5 and 6 of Order III of Code of Civil Procedure 1908
ORDER IV INSTITUTION OF SUITS
What is the meaning of Suit to be commenced by plaint? What is Register of suits? Rule 1 and 2 of Order IV of Code of Civil Procedure 1908
ORDER V ISSUE AND SERVICE OF SUMMONS
What is Summons? What is the Copy or statement annexed to summons? What is the meaning of Court may order defendant or plaintiff to appear in person? What is the meaning of No party to be ordered to appear in person unless resident within certain limits? What is the meaning of Summons to be either to settle issues or for final disposal? Rule 1, 2, 3, 4 and 5 of Order V of Code of Civil Procedure 1908
How is Fixing day for appearance of defendant? What is Summons to order defendant to produce documents relied on by him? What is the meaning of On issue of summons for final disposal, defendant to be directed to produce his witnesses? What is Delivery or transmission of summons for service? What is the Mode of service? Rule 6, 7, 8, 9 and 10 of Order V of Code of Civil Procedure 1908
How to complete Service on several defendants? What is the meaning Service to be on defendant on person when practicable, or on his agent? What is Service on agent by whom defendant carries on business? How is Service on agent in charge in suits for immovable property? Where service may be on an adult member of defendant's family? Rule 11, 12, 13, 14 and 15 of Order V of Code of Civil Procedure 1908
What is the meaning of Person served to sign acknowledgement? What is the Procedure when defendant refuses to accept service, or cannot he found? What is Endorsement of time and manner of service? What is Examination of serving officer? What is Simultaneous issue of summons for service by post in addition to personal service? What is Substituted services? Rule 16, 17, 18, 19, 19A and 20 of Order V of Code of Civil Procedure 1908
What is the method of Service of summons where defendant resides within jurisdiction of another Court? What is Service within presidency-towns of summons issued by Courts outside? What is the Duty of Court to which summons is sent? What is the mode of Service on defendant in prison? How to Service where defendant resides out of India and has no agent? Rule 21, 22, 23, 24 and 25 of Order V of Code of Civil Procedure 1908
How to do Service in foreign territory through Political Agent or Court- Where? How Summonses to be sent to officer to foreign countries? How to do Service on civil public officer or on servant of railway company or local authority? How to do Service on soldiers, sailors or airmen? What is the Duty of person to whom summons is delivered or sent for service? What is Substitution of letter for summons? Rule 26, 26A, 27, 28, 29 and 30 of Order V of Code of Civil Procedure 1908