APPEARANCE &

NON APPEARANCE
OF PARTIES
ORDER – IX

BY-
SUPERNA VENAIK
 MEANING- O9

 No proceeding in a court of law should be conducted to

the detriment of any party in his absence.

 Provides a remedy for setting aside an order of

dismissal of the suit, as also the setting aside of an ex-
parte decree.
 APPEARANCE OF PARTIES
R1
 Parties to suit to attend
 Plaintiff/ Defendant who
the court in person/
pleaders on fixed day-
as summons states.
R2
has been ordered to
appear in person does
not appear, court may
dismiss against Plaintiff
and Exparte against
Defendant.
 WHERE NEITHER PARTY
APPEARS
R3
 Absence Plaintiff or Defendant – Court may dismiss.

 However, does not bar a fresh suit for same Cause of

Action (COA)

 Plaintiff may file an application for set aside such

dismissal.
 WHERE ONLY
Plaintiff appears Defendant appears

 Plaintiff has to prove service  Where Plaintiff does not,

of summons. Defendant appears, and
Defendant does not admit
 If proved, court may the Plaintiff’s claim, wholly
proceed ex-parte against or partly the court shall
Defendant. pronounce
 Confined to 1st hearing.
 Where 2 or more Plaintiffs  Admission upon in favour of
are there and one of them Defendant and dismiss the
appear, court may permit suit against Plaintiff.
the suit to proceed.
 HOWEVER,

 A serious matter to dismiss the Plaintiffs suit without

hearing him, that course ought not to be adopted unless
that court is really satisfied that justice so requires.
 If Plaintiff does not appear, owing to death.
 Such an order is a nullity, court may however, se aside the order
of dismissal and fix a day for proceeding with suit.
 Sufficient Cause-
 Depends upon facts and circumstances of each case.
 WHERE SUMMONS
ARE NOT SERVED
 R2 & 5
Fundamental Rule- A party must have a fair and
reasonable opportunity to represent his case.
 Service of Summons- a condition precedent to a fair
trial
 If summons are not served on Defendant - no decree
can be passed against him.
 Suit dismissal, summons not served

 Where summons is not served on Plaintiffs failure to pay costs

for service of summons to defendant / to present copies of plaint.

 A fresh suit can be filed on same on same COA, once its

dismissed.
 WHERE PLAINTIFF FAILS TO
APPLY FOR A FRESH SUMMONS
 Within 7 days
 After summons are returned unserved.

 Court will DISMISS, the suit against Defendant, but, if

within that period, Plaintiff satisfies Court :-
 He has failed inspite of his best efforts to discover residence of
Defendant who has not been served.
 Defendant is avoiding service of process.
 Any other sufficient cause for extension of time.
 If DISMISSED- WITHIN PERIOD OF LIMITATION

 He can file a fresh suit also.

 WHERE SUMMONS -
NOT DULY SERVED
 Court will direct a fresh summons to be issued and
served on Defendant.
 Summons duly served- but there was not
 Sufficient time to enable him to appear and answer on day fixed
in summons.
 Court shall postpone the hearing of suit, to a future day.
 Summons not duly served-
 Due to Plaintiff’s default, the court shall order Plaintiff to pay the
costs occasioned by such postponement.