Consequence of Appearance and Non- appearance of parties ?

Question: Consequence of Appearance and Non- appearance of parties ?

And:

Order: 9 Rule: 1

Parties appear on day fixed in Summons for  defendant to appear and answer. The parties shall be in attendance at the court house in person or by their respective Advocate and then the suit shall be heard unless the  hearing is  adjourned to a future day fixed by the court.

Order 9 Rule 2 , 3 and 4

Rule: 2 

Dismissal of Suit where Summons not Served in Consequence of Plaintiff’s failure to pay Costs:

Suit shall be dismissed for default due to non-payment of postal code or Court fees for the service of summons.

Rule: 3  Suit may be dismissed for non-appearance of the parties on the date of final hearing.

Rule: 4  Remedies for setting aside :

1. Party may file fresh suit.

2. party may file an application which will be treated as miscellaneous Case.

 Remedy

party may do Revision against  judgement of miscellaneous case. It is a  remedy against judgement of miscellaneous case. 

Rule: 5

Where Plaintiff fails for one month to apply for fresh summons after  summons returned unserved.

 The court shall make an Order that the Suit be dismissed against defendant unless the plaintiff has satisfied the court that 

He  has failed to discover the defendants residence after his best try or

Such defendant is avoiding service of process, or

There is any other sufficient cause for  extending the time of  service of process.

The Plaintiff  may bring a fresh suit in such case- Subject to the law of limitation.

Order:9 Rule:8

Suit shall be dismissed for non-appearance of the plaintiff at the time of final hearing. But Decree may be passed in absence of the Plaintiff. When the defendant admit plaintiff claim.

Remedies for dismissal of suit:

Rule: 9  Plaintiff shall not do a fresh suit, of the same cause of action. Where a suit is the wholly or partly dismissed under  rule 8 for not appearance before the court. But he may apply for set aside the dismissal decision if he satisfies  the court for his Non- appearance. Then the Court shall make an order  to set aside the dismissal decision. But such order shall not be made unless notice of the application has been served  on the opposite party.

Order: 9 Rule: 9A

 The Court may set aside the suit dismissal without any evidence to satisfy the court about sufficient causes  but The plaintiff shall pay such cost not exceeding One thousand take The dismissal shall not be set aside under the rule 8 unless an application is  make with to the court within thirty days of the dismissed date by the Plaintiff and also such dismissal shall not be set aside more than once under  Rule: 9A.

The court is made setting aside Ex-parte dismissal and The Court shall notice to the defendant.

Order: 9 Rule: 10 

Where There are more plaintiffs than one and one or more of them appear in the court and the other Plaintiff do not appear. The court may be procee the suit as if  all the plaintiff has appeared.

Order: 9 Rule: 11 

Where  there are more defendants than one and one or more of them appear in the court and the other defendants do not appear in the court. The court shall make such order as if all the defendants had  appeared at the time of  pronouncing judgement.

Order: 9 Rule: 12 

If court has been ordered to appear a plaintiff or defendant in person. But the Plaintiff or dependent fail to appear and also fail to show sufficient Cause to the satisfaction of the court. In such case The case of Plaintiff’s shall be dismissed and The case of Differential shall be Ex-parte.

Order:9 Rule: 6,7, 13A and 13.

Order:9 Rule: 6

Suit shall be disposed of Ex-party for Non- appearance of the defendants at the time of final hearing.

when the Summons was not  duly served. The court shall direct a Second Summons  to be issued and  Summons served on the defendant.

 When Summons served, but not in due time The Court shall postpone the hearing of the suit to a future day. The court shall give notice of such day to the defendant.

When  the Plaintiff’s default that Summons  was not duly served, The Court shall order the Plaintiff’s to pay the costs made by the postponement.

Order:9 Rule: 7 

Where The court has adjourned the hearing of The Suit Ex-parte. and The defendent appears and  puts good cause for his previous Non-appearance. The court be heard in  answer to the suit as if he had  appeared on the day fixed for his appearance.

Remedies against Ex-Parte Decree:

There are the five Remedies against Ex-Parte Decree.

1. Setting aside Ex-Parte Decree under order 9, Rule 13A.

2. Miscellaneous case under the order 9, Rule 13.

3. Appeal under section 96 of CPC.

4. Revision under section 114 of the CPC.

5. Independent suit if the Ex-Parte decree was obtained by practicing  fraud under the section 42/39 of  the Specific Relief Act, 1877.

 Remedies against judgement and order of miscellaneous case is Revision or Appeal if The Mise case is allowed.

 Order:9 Rule:13

Setting aside decree  Ex-Parte against defendants:

A decree is passed Ex-Parte  against a defendant. The Defendant may apply to the court to set aside The Decree and if he satisfied the court that the Summons  was not duly served  or that he was  prevented from  appearing before the court. The court may make an Order setting aside  the decree. And The Court shall fix a date for the preceding with the suit.

Order:9 Rule:13A

 The court may set aside the decree without evidence to satisfy about the sufficient cause. But the defendant shall pay such cost not exceeding  three thousand take.

The decree shall not be set aside unless an application is made with affidavit  within thirty Days by the defendant.

Provided that The decree shall not be set aside more than once.

The court shall send a notice at the cost of the  defendant upon the Plaintiff’s.

Order:9 Rule:14

 Therefore Decree shall not be set aside on any such application as aforesaid unless notice has been served on the Opposite Party.

Order:9 Rule:15

Where the dismissal of a suit is set aside under rule 4 or rule 9 or a degree is  set aside  under  rule 13.

The suit shall proceed from the stage where The suit was before the making of the order  of dismiss or passing of the Ex-Parte Decree.