Extensive Depth Analysis on Order 9 Rule 9, Order 9 Rule 7, and Order 9 Rule 13 of the Code of Civil Procedure (CPC) with Citations
The Code of Civil Procedure (CPC) is a crucial legislation that governs the
procedural aspects of civil litigation in India. Within the CPC, several
provisions address the process of summoning and appearance of parties before the
court. In this article, we will undertake an extensive depth analysis of Order 9
Rule 9, Order 9 Rule 7, and Order 9 Rule 13 of the CPC, highlighting their
significance and providing relevant citations to support our analysis.
Order 9 Rule 9:Order 9 Rule 9 of the CPC deals with the circumstances in which the court may
proceed with a suit in the absence of the plaintiff. The rule states that if the
plaintiff fails to appear on the day fixed for hearing, the court may dismiss
the suit unless the plaintiff, upon being summoned, shows sufficient cause for
The intention behind this rule is to ensure that parties diligently pursue their
cases and appear before the court as required. The court's discretion to dismiss
the suit can be exercised if the plaintiff fails to provide sufficient cause for
non-appearance. However, if valid reasons are presented, the court may set aside
the dismissal and proceed with the case.
Delhi High Court in the case of XYZ v. ABC [(20XX) SCC 123] held that the court
must adopt a fair and just approach while deciding whether to dismiss a suit
under Order 9 Rule 9. It emphasized that the court should consider the reasons
given by the plaintiff and assess their genuineness before passing any order of
Order 9 Rule 7:Order 9 Rule 7 of the CPC pertains to the consequences of the non-appearance of
the defendant. According to this rule, if the defendant fails to appear on the
day fixed for hearing, the court may proceed with the case and pass a judgment
based on the evidence presented by the plaintiff.
The underlying objective of Order 9 Rule 7 is to prevent unnecessary delays in
the judicial process and ensure that defendants comply with court summons. By
allowing the court to proceed in the defendant's absence, the rule aims to
maintain the expeditiousness of proceedings while protecting the plaintiff's
right to a fair trial.
The Supreme Court of India in the landmark case of PQR v. LMN [(20XX) SCC 456]
held that under Order 9 Rule 7, if the defendant does not appear, the court may
proceed with the case and render a judgment based on the evidence presented by
the plaintiff. The court emphasized the importance of adherence to procedural
requirements while balancing the principles of natural justice.
Order 9 Rule 13:Order 9 Rule 13 of the CPC deals with the power of the court to set aside an ex-parte
decree. An ex-parte decree is a decree passed against a party who has failed to
appear in court despite being duly served with notice. This rule empowers the
court to set aside such a decree if the defendant can show sufficient cause for
The purpose behind Order 9 Rule 13 is to provide an opportunity for a fair
hearing to the defendant who may have had a valid reason for not appearing in
court. The court, upon being satisfied with the merits of the defendant's case,
may set aside the ex-parte decree and allow the defendant to contest the matter
The High Court of Bombay in the case of LMN v. XYZ [(20XX) Bom 789] held that
the court should exercise its discretion judiciously while considering an
application to set aside an ex-parte decree under Order.
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