ORDER IX APPEARANCE OF PARTIES AND CONSEQUENCE OF NON APPEARANCE - RULE 8, 9, 10,11, 12, 13, 14 OF CODE OF CIVIL PROCEDURE 1908

What is the Procedure where defendant only appears? What is the meaning of Decree against plaintiff by default bars fresh suit? What is the Procedure in case of non-attendance of one or wore of several plaintiff's? What is the Procedure in case of non-attendance of one or more of several defendants? What is the Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person? What is Setting aside decree ex parte against defendant? What is the meaning of No decree to be set aside without notice to opposite party? Rule 7, 8, 9, 10, 11, 12, 13 and 14 of Order IX of Code of Civil Procedure 1908

Procedure where defendant only appears, Decree against plaintiff by default bars fresh suit, Procedure in case of non-attendance of one or wore of several plaintiff's, Procedure in case of non-attendance of one or more of several defendants, Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person, Setting aside decree ex parte against defendant and No decree to be set aside without notice to opposite party are defined under Rule 7, 8, 9, 10, 11, 12, 13 and 14 of Order IX of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 7 Order IX of Code of Civil Procedure 1908 "Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance"

Where the Court has adjourned the hearing of the suit ex parte, and the defendant, at or before such hearing. appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed to his appearance.

Rule 8 Order IX of Code of Civil Procedure 1908 "Procedure where defendant only appears"

Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

Rule 9 Order IX of Code of Civil Procedure 1908 "Decree against plaintiff by default bars fresh suit"

(1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.

(2) No order shall be made under this rule unless notice of the application has been served on the opposite party.

Rule 10 Order IX of Code of Civil Procedure 1908 "Procedure in case of non-attendance of one or wore of several plaintiff's"

Where there are more plaintiffs than one, and one or more of them appear, and the others do not appear, the Court may, at the instance of the plaintiff or plaintiffs appearing, permit the suit to proceed in the same way as if all the plaintiffs had appeared, or make such order as it thinks fit.

Rule 11 Order IX of Code of Civil Procedure 1908 "Procedure in case of non-attendance of one or more of several defendants"

Where there are more defendants than one, and one or more of them appear, and the others do not appear, the suit shall proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks fit with respect to the defendants who do not appear.

Rule 12 Order IX of Code of Civil Procedure 1908 "Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person"

Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not appear.

Rule 13 Order VIII of Code of Civil Procedure 1908 "Setting aside decree ex parte against defendant"

In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may he set aside as against all or any of the other defendants also:

Provided further that no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.

Explanation.-Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

Rule 14 Order VIII of Code of Civil Procedure 1908 "No decree to be set aside without notice to opposite party"

No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party.

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