Appearance & Consequences Of Non-appearance O.9 Flashcards
What are the grounds of O.9 R.2?
Court fee not paid
Plaint copy not submitted
Court may either dismiss or adjourn
What are the grounds of O.9 R.3 ?
Plaintiff/ Defendant No one appears
Dismiss or adjourn
Where is remedy for Rule 2&3 given ?
O.9 R 4
Fresh suit within limitation
Restoration (Sufficient cause)
What are the grounds of O.9 R.5 ?
- Summons returned unserved
- Plaintiff failed to apply for fresh summons within 7 days
- Dismiss
Remedy - R.5(2)- Fresh suit
What are the grounds of O.9 R.6 ?
Plaintiff Appeared
Defendant Absent
1) Summons Served - Ex-parte
2) Summons Not Duly Served - Second summons
3) Summons Served But Not In Due Time - Future date fixed
Remedy- R.7 (Good cause- participate in previous proceedings)
What is the remedy for ex-parte decree ?
O.9 R.13
In the same court
Grounds
1) Summons not served
2) He was prevented by any sufficient cause from appearing when the suit was called out for hearing.
Parimal v. Veena
Whether Defendant honestly and sufficiently intended to remain present
Cases on ex-parte decree
Sangram Singh v. Election Tribunal
Maya Devi v. Lalta Prasad
GP Srivastava v. R.K. Raizada
Arjun Singh v. Mohinder Kumar
Parimal v. Veena
G.P. Srivastava v R.K. Raizada
The expression sufficient cause must be liberally construed in order to do complete justice between the parties. A party should not be deprived of hearing unless there is something equivalent to misconduct or gross negligence.
Arjun Singh v Mohindar Kumar
Supreme court held that there is no material difference between the expression good cause and sufficient cause. Their cannot be a good cause which is not sufficient and vice versa.
Maya Devi v Lalta Prasad
Supreme court held that even if court proceeds ex-parte the court is bound to ensure that the averments in the plaint are proved.
Sangram Singh v Election Tribunal
Ex parte proceedings do not mean that the defendant cannot be allowed to appear at all in the subsequent procedure it only relates to the particular day of the hearing on which the defendant remains absent. If the party does not appear on the day fixed for hearing he cannot be stopped from participating in the proceeding simply because he did not have appear on the first or some other hearing.
O.9 R. 8
Where only defendant appears
Remedy- R.9 ( No fresh suit, application for setting aside the dismissal)
