Appearance of parties and consequence of non-appearance (Order IX)

You are the defendant in a suit over a parking dispute in your society. Your train from Thane is stuck at Mulund on the day of hearing, and by the time you reach the court the matter has been called and decided against you. Can the Court really pass a decree in your absence? And if the plaintiff had been the one missing, what then? Order IX is the rule-book for the day the parties are called and someone is not there.

In two minutes

If a party does not appear on the day fixed, Order IX decides the result: dismissal if the plaintiff is absent (rr.3 and 8), an ex parte hearing if the defendant is absent after due service (r.6), and in each case a remedy to undo the order on proof of sufficient cause (rr.4, 9 and 13).

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The full explanation, the cheat sheet, every previous-year question at every mark weight, the quiz and the answer skeletons are part of Civil Procedure Code 1908 and Limitation Act 1963 on LexBlox Semester. Sign in to unlock the subject, or read Module 1 of Legal Language and Writing free.