Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh summons
Appearance of parties and consequence of non-appearance, in the First Schedule to The Code of Civil Procedure, 1908
1[(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 2[seven days] 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.
1. Subs. by Act 24 of 1920 s. 2, for sub-rule (1).
2. Subs. by Act 46 of 1999, s. 19, for "one month" (w.e.f 1-7-2002).
How this Rule is cited
It is written both ways, and both mean this Rule: Order IX Rule 5 CPC and Order 9 Rule 5 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 9 Rule 5 CPC, Order IX Rule 5 CPC. Each opens the full-text search over every order eCourtsIndia holds.
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