Law Maker

THE FIRST SCHEDULE · ORDER IX Appearance of parties and consequence of non-appearance

Order IX Rule 8: Procedure where defendant only appears

The Code of Civil Procedure, 1908

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.

Questions on this rule

3 questions in 7 of our papers cite Order IX Rule 8. Try these from the free papers:

  1. 1. When a suit is called on for hearing, the defendant appears but the plaintiff does not. The defendant admits a part of the claim. Under Order IX Rule 8 CPC, the court shall:

Practise questions on Civil Procedure Code