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 plaintiff’s appearing, permit the suit to proceed in the same way as if all the plaintiff’s had appeared, or make such order as it thinks fit.
THE FIRST SCHEDULE · ORDER IX Appearance of parties and consequence of non-appearance
Order IX Rule 10: Procedure in case of non-attendance of one or more of several plaintiff’s
The Code of Civil Procedure, 1908
Questions on this rule
1 question in 6 of our papers cite Order IX Rule 10. Try these from the free papers:
1. Consider the following statements under Order IX of the Code of Civil Procedure, 1908: 1. Where there are several plaintiffs and only some of them appear, the Court may, at the instance of those appearing, permit the suit to proceed as if all the plaintiffs had appeared. 2. Where there are several defendants and only some of them appear, the suit cannot proceed until every defendant appears. 3. Where an ex parte decree is of such a nature that it cannot be set aside as against the applying defendant only, it may be set aside as against all or any of the other defendants also. 4. No ex parte decree shall be set aside on an application under Rule 13 unless notice of it has been served on the opposite party. Which of the statements given above are correct?