Rule 1 Order IX of Code of Civil Procedure 1908 "Parties to appear on day fixed in summons for defendant to appear and answer"
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 Order IX of Code of Civil Procedure 1908 "Dismissal of suit where summons not served in consequence of plaintiffs 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 of postal charges (if any) chargeable for such
service, or to present copies of the plaint or concise
statements, as required by rule 9 of Order VII, 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 allowed to appear by
agent) on the day fixed for him to appear and answer.
Rule 3 Order IX of Code of Civil Procedure 1908 "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 Order IX of Code of Civil Procedure 1908 "Plaintiff
may bring fresh suit or Court may restore suit to file"
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 5 Order IX of Code of Civil Procedure 1908 "Dismissal
of suit where plaintiff after summons returned un served,
fails for one month to apply for fresh summons"
(1) Where after a summons has been issued to the defendant,
or to one of several defendants, and returned unserved, the
plaintiff fails, for a period of one month from the date of
the return made to the Court by the officer ordinarily
certifying to the Court returns made by the serving
officers, to apply for the issue of a fresh summons the
Court shall make an order that the suit be dismissed as
against such defendant, unless the plaintiff has within the
said period satisfied the Court that-
(a) he has failed after using his best endeavours to
discover the residence of the defendant, who has not been
served, or
(b) such defendant is avoiding service of process, or
(c) there is any other sufficient cause for extending the
time,
in which case the Court may extend the time for making such
application for such period as it thinks fit.
(2) In such case the plaintiff may (subject to the law of
limitation) bring a fresh suit.
Rule 6 Order IX of Code of Civil Procedure 1908 "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 shall 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.
(2) Where it is owing to the plaintiff's default that the
summons was not duly served or was not served in sufficient
time, the Court shall order the plaintiff to pay the costs
occasioned by the postponement.
Rule 7 Order VIII of Code of Civil Procedure 1908 "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 to his appearance.