Order 9 Rule 4 CPC
Order 9, Rule 4 – CPC
Provision:
Order 9 deals with “Summoning of Parties and Consequences of Non-Appearance.”
Rule 4 specifically deals with the consequences when the plaintiff does not appear in court.
Text of Order 9, Rule 4 CPC (Simplified)
“If the plaintiff does not appear when the suit is called on for hearing, the court may, after giving due opportunity, dismiss the suit for default or adjourn the hearing for sufficient cause.”
Key Points
Applicability:
Applies to civil suits where the plaintiff fails to appear on the date fixed for hearing.
Discretion of Court:
The court has discretion to either:
Dismiss the suit for default, or
Adjourn the hearing if the plaintiff has a sufficient cause for non-appearance.
Sufficient Cause:
If the plaintiff has a valid reason (like illness, unavoidable circumstances, or notice issues), the court may adjourn the matter instead of dismissing it outright.
Effect of Dismissal:
If the suit is dismissed for default, the plaintiff may file a condonation of delay petition under Order 9 Rule 9 CPC to seek reinstatement of the suit by showing sufficient cause for non-appearance.
Judicial Interpretation:
Courts have held that dismissal for non-appearance is not automatic; there must be notice and opportunity to explain the absence.
It is a measure to prevent delay and abuse of process, ensuring parties appear in court and prosecute their case diligently.
Example
A plaintiff files a civil suit for recovery of money.
On the hearing date, the plaintiff fails to appear.
The court examines whether there is a sufficient cause:
If no valid reason → suit dismissed for default.
If valid reason exists → hearing may be adjourned to another date.
Significance
Ensures timely conduct of civil proceedings.
Prevents parties from deliberately delaying or abandoning proceedings.
Balances fair opportunity with judicial efficiency.
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