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The Code of Civil Procedure, 1908: page 109

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 109, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or
additional written statement from any of the parties and fix a time of not more than thirty days for
presenting the same.
     10. Procedure when party fails to present written statement called for by Court.—Where any
party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the
time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him,
or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a
decree shall be drawn up:]
     *[Provided that no Court shall make an order to extend the time provided under Rule 1 of this Order
for filing of the written statement.]
                                           STATE AMENDMENT
     Jammu and Kashmir and Ladakh (UTs).―
     In Rule 10, insert the following proviso, namely:-
     Provided that no court shall make an order to extend the time provided under Rule 1 of this order for
filing of the written statement.
     [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
                                                        ORDER IX
                                                                                e
                            Appearance of parties and consequence of non-appearance
                                                                         od
    1. 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
                                                                 aC
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.               di
    1
     [2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay
                                                       In
costs.—Where on the day so fixed it is found that summons has not been served upon the defendant in
consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for
such service, or failure to present copies of the plaint 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.]
     3. 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.
     4. 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
2
  [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.
     5. Dismissal of suit where plaintiff after summons returned unserved, fails for 3[seven days] to
apply for fresh summons. —4[(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 3[seven days] 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

1. Subs. by Act 22 of 2002, s. 10 for rule 2 (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1 -2-1977).
3. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f . 1-7-2002).
4. Subs. by Act 24 of 1920 s. 2, for sub-rule (1).
* Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).

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