Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs
Appearance of parties and consequence of non-appearance, in the First Schedule to The Code of Civil Procedure, 1908
1[2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.--Where on the day so fixed it is found that summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint 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.]
1. Subs. by s. 10, ibid., for rule, 2 (w.e.f. 1-7-2002).
How this Rule is cited
It is written both ways, and both mean this Rule: Order IX Rule 2 CPC and Order 9 Rule 2 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 9 Rule 2 CPC, Order IX Rule 2 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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