Order IX CPC Rules 7-14: Appearance of Parties, Dismissal for Default and Ex Parte Decree

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 for his appearance.

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.

(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 the plaintiff may apply for an order to set the dismissal aside; if sufficient cause for non-appearance is shown, the Court shall set aside the dismissal on such terms as to costs or otherwise as it thinks fit and 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.

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.

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.

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, that party shall be subject to the provisions of the foregoing Rules applicable to plaintiffs and defendants, respectively, who do not appear.

In any case in which a decree is passed ex parte against a defendant, the defendant may apply to the Court by which the decree was passed for an order to set it aside. If the defendant satisfies the Court that the summons was not duly served, or that he was prevented by 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.

First proviso: Where the decree is of such a nature that it cannot be set aside as against that defendant only, it may be set aside as against all or any of the other defendants also.

Second proviso: A Court shall not set aside an ex parte decree merely because of an irregularity in service of summons if it is satisfied that the defendant had notice of the date of hearing and sufficient time to appear and answer the plaintiff's claim.

Explanation: Where there has been an appeal against an ex parte decree and the appeal has been disposed of on any ground other than withdrawal of the appeal, no application shall lie under this Rule for setting aside that ex parte decree.

No decree shall be set aside on an application under the preceding Rule unless notice of the application has been served on the opposite party.