Appearance of Parties (Order IX)

Appearance in person or by pleader

Under Order IX of the Code of Civil Procedure, parties to a suit are required to appear before the court on the date fixed for hearing. The appearance can be either in person or through a duly authorized pleader. Such appearance ensures that the parties are present to proceed with the case or respond to directions of the court.

Consequences of Non-Appearance of Plaintiff

Dismissal of suit

If the plaintiff fails to appear on the date of hearing and the defendant is present, the court may dismiss the suit under Order IX Rule 8. If neither party appears, the court may dismiss the suit for default.

Restoration of suit

The plaintiff can apply for restoration of the suit under Order IX Rule 9 by showing sufficient cause for non-appearance. If the court is satisfied with the explanation, the suit may be restored and reheard on merits.

Consequences of Non-Appearance of Defendant

Ex parte decree

If the defendant does not appear despite proper service of summons, the court may proceed ex parte and pass a decree in favour of the plaintiff under Order IX Rule 6.

Setting aside ex parte decree

The defendant may apply under Order IX Rule 13 for setting aside the ex parte decree by proving that the summons was not duly served or there was sufficient cause for non-appearance. If the court finds merit, it may set aside the decree and reopen the case.