Rule 1.
Parties to appear on day fixed in summons
On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.
Rule 2.
Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs
Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for such service, or to present copies of the plaint or concise statements, the Court may make an order that the suit be dismissed:
Provided that no such order shall be made, if, notwithstanding such failure, the defendant attends in person or by agent when he is entitled to appear in person, or by agent, on the day fixed for him to appear, or where the defendant appears on that day.
Rule 3.
Where neither party appears, suit to be dismissed
Where neither party appears when the suit is called on for hearing, the Court may make an order that the suit be dismissed.
Rule 4.
Plaintiff may bring fresh suit or Court may restore suit
Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in rule 2, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
Rule 6.
Procedure when only plaintiff appears
(1)Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then:
(a)When summons duly served — if it is proved that the summons was duly served, the Court may make an order that the suit 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.
Rule 7.
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 for his appearance.
Rule 8.
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.
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 13.
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 be 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 on 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.
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.
Legal Commentary & Landmark Judgments: Order IX
Order IX of the Code of Civil Procedure, 1908 regulates the consequence of appearance and non-appearance of parties, establishing procedures for ex-parte decrees and applications to set them aside under Rule 13.
Rule 8 mandates dismissal of the suit where the defendant appears and the plaintiff does not appear; Rule 9 bars the plaintiff from bringing a fresh suit on the same cause of action, but permits an application to set aside dismissal upon proof of sufficient cause. Rule 13 authorizes the defendant to apply to set aside an ex-parte decree upon satisfying the court that summons was not duly served, or that they were prevented by any sufficient cause from appearing when the suit was called on for hearing.
An application under Order IX Rule 13 must be filed within thirty days from the date of the decree (or from the date of knowledge of the decree if summons was not duly served, under Article 123 of the Limitation Act). If the applicant establishes illness, lawyer default, or lack of notice, courts lean towards setting aside the ex-parte decree on payment of reasonable costs to ensure trial on merits.