Procedure when only plaintiff appears
Appearance of parties and consequence of non-appearance, in the First Schedule to The Code of Civil Procedure, 1908
(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then--
1[(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.
1. Subs. by Act 104 of 1976, s. 59, for cl.
(a) (w.e.f 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order IX Rule 6 CPC and Order 9 Rule 6 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 9 Rule 6 CPC, Order IX Rule 6 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.