Order 9 MCQ Quiz - Objective Question with Answer for Order 9 - Download Free PDF

The correct answer is Order 9 R.4 

Key Points Order 9 Rule 4 – Fresh Suit by Plaintiff or Restoration of Dismissed Suit

If a suit is dismissed under Rule 2 or Rule 3, the plaintiff has two options:
He may, subject to the law of limitation, either file a fresh suit or apply to have the dismissal set aside. If the plaintiff can satisfy the Court that there was sufficient cause for the failure mentioned in Rule 2 or for his non-appearance (as applicable), the Court shall set aside the dismissal and fix a date for proceeding with the suit.

The correct answer is 'Order IX Rule 4 of the Code of Civil Procedure, 1908.'

Key Points

• Order IX Rule 4 of the Code of Civil Procedure, 1908:
  • Order IX Rule 4 deals with the situation where a suit is dismissed for non-service of summons due to the plaintiff's failure to pay the requisite postal charges.
  • This rule allows the plaintiff to apply for setting aside the dismissal of the suit and for its restoration.
  • The application for setting aside the dismissal and for the restoration of the suit has to be filed before the same court that dismissed the suit.
  • This ensures that the plaintiff is given an opportunity to rectify the failure and proceed with the suit.

Additional Information

• Order IX Rule 3 of the Code of Civil Procedure, 1908:
  • Order IX Rule 3 pertains to the dismissal of a suit where neither party appears when the suit is called on for hearing.
  • It does not deal with the non-service of summons and is not relevant to the situation described.
• Order IX Rule 9 of the Code of Civil Procedure, 1908:
  • Order IX Rule 9 allows the plaintiff to apply for the setting aside of a dismissal order and the restoration of the suit if the suit was dismissed in the absence of the plaintiff.
  • This rule is also not applicable to the scenario of non-service of summons due to the plaintiff's failure to pay postal charges.
• Order IX Rule 13 of the Code of Civil Procedure, 1908:
  • Order IX Rule 13 deals with the setting aside of an ex parte decree passed against the defendant when the summons were not duly served.
  • This rule is relevant to the defendant and not to the plaintiff's failure in the context of non-service of summons.

The correct answer is Option 3.

Key Points Order IX Rule 13. Setting aside decree ex parte against defendant.—
In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also:
Provided further than no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim. 
Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

The correct answer is Option 2

Key Points

• The relevant provision for this situation is Order IX, Rule 6(1)(a) of the Code of Civil Procedure, 1908 (CPC), which states that if the plaintiff appears but the defendant does not appear when the suit is called for hearing, and it is proved that the summons was duly served, the court may proceed ex parte against the defendant.
• "Ex parte" means in the absence of the defendant.
• If the defendant has been properly served with the summons but fails to appear, the court can proceed to hear the case without the defendant’s participation.
• The court may then pass a judgment based on the evidence presented by the plaintiff. 
• Conditions for an Ex Parte Order:
• The Defendant Must Have Been Duly Served with Summons:
  • The court must be satisfied that the summons was properly served as per Order V CPC.
  • If summons was not served, an adjournment may be granted, and fresh summons may be issued.
• The Defendant Must Not Have Appeared Intentionally or Negligently:
  • If the defendant fails to appear without valid reason, the court may proceed ex parte.
  • However, if the absence is due to genuine reasons (e.g., incorrect service of summons), the defendant may later apply for setting aside the ex parte decree under Order IX, Rule 13 CPC.

The correct answer is I and II are correct, III is incorrect

Key Points 

• Statement I is correct. Under Order IX, Rule 2 of the Code of Civil Procedure (CPC), 1908, if the plaintiff fails to pay the required court fee or take necessary steps for service of summons on the defendant, the court is empowered to dismiss the suit. This is a procedural requirement, and the responsibility lies with the plaintiff to ensure compliance.
• Statement II is correct. As per Order IX, Rule 3 of the CPC, if neither party appears when the suit is called on for hearing, the court may dismiss the suit. This provision ensures that cases are not delayed or stalled due to the absence of both parties.
• Statement III is incorrect.Order IX, Rule 4 of the CPC states that if a suit is dismissed under Rule 2 (failure to pay court fees or summon) or Rule 3 (non-appearance of both parties), the plaintiff is not barred from filing a fresh suit on the same cause of action. The plaintiff can either bring a fresh suit or apply to have the dismissal set aside by satisfying the court with valid reasons.

The correct answer is option 4 

 Key PointsOrder 9,  APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Rule 2 Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost.

Rule 3 Where neither party appears suit to be dismissed.

Rule 5  Dismissal of suit where plaintiff, after summons returned unserved, fails for seven days to apply for fresh summons.

The correct answer is option 3.Key Points

• An 'Ex parte decree' is a decree passed against a defendant in absentia.
• Even after a summons is served, if only the plaintiff shows up for the hearing and the defendant does not, the court may proceed to hear the lawsuit ex parte and issue a decree against the defendant. 
• Order 9 of Civil Procedure Code 1908 deals with Appearance of Parties and Consequence of non-Appearance.
• Rule 13 of O. 9 deals with setting aside decree ex parte against defendant.
• In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
  • Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also.
  • Provided further than no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.
• Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

The correct answer is option 1.Key Points

• Order 9 under C.P.C. 1908 deals with appearance of parties and consequence of non-appearance.
• Rule 1 of O.9 says on the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the 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.
• Rule 2 of O.9 says 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
• Rule 3 says where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.
• Rule 4 says 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 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.

The correct answer is option 4 

 Key PointsOrder 9,  APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

Rule 2 Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost.

Rule 3 Where neither party appears suit to be dismissed.

Rule 5  Dismissal of suit where plaintiff, after summons returned unserved, fails for seven days to apply for fresh summons.

Explanation: As per Order IX Rule 13 ex parte decree against defendant can be set aside if he satisfies the court that either summons were not properly served or he was prevented by any sufficient cause from appearing. A plain reading of Order IX Rule 13 makes it apparent that where in a case, a decree is passed ex parte against defendant, a party may apply to the Court for setting aside the same for reasons satisfying the Court regarding non-appearance.

correct answer is the defendant to participate in future proceedings must ask for setting aside of the ex parte order.

Key Points

• If any party does not appear on the prescribed date, the court will issue summons and notices to appear before the court. When, during the proceedings of a civil suit, a plaintiff was present and the defendant was not present, and the summons was issued, then the court could proceed against the defendant and pass an ex-parte decree. The court has jurisdiction to pass an ex-parte decree under Order 9 Rule 6 of the CPC.
• Order 9 Rule 13 provides a remedy for the defendant to apply to set aside the ex-parte decree which was passed due to the non-appearance of the defendant in the civil suit. The court only sets aside the ex-decree when the defendant presents a satisfactory reason in court or the summons is not served well.

Additional Information

When a defendant presents sufficient cause before the court for non-appearance the ex-parte decree can be set aside. Once the court accepts the defendant’s reason, it will set aside the decree. The civil code provides remedies that a defendant can use to set aside the decree passed by the code and get the opportunity to represent his case.

A defendant against whom an ex-parte decree has been issued has the following remedies:

• Application to set aside the ex-parte decree under Order 9 Rule 13.
• Appeal against the decree under  Section 96(2)
• File a revision under Section 115
• Apply for review under Order 47 Rule 1 Suit on the ground of fraud by the plaintiff.

The correct answer is option 3.Key Points

• An 'Ex parte decree' is a decree passed against a defendant in absentia.
• Even after a summons is served, if only the plaintiff shows up for the hearing and the defendant does not, the court may proceed to hear the lawsuit ex parte and issue a decree against the defendant. 
• Order 9 of Civil Procedure Code 1908 deals with Appearance of Parties and Consequence of non-Appearance.
• Rule 13 of O. 9 deals with setting aside decree ex parte against defendant.
• In any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit:
  • Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only it may be set aside as against all or any of the other defendants also.
  • Provided further than no Court shall set aside a decree passed ex parte merely on the ground that there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of the date of hearing and had sufficient time to appear and answer the plaintiff's claim.
• Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside that ex parte decree.

The correct option is Option 2.

Key Points

• Ex-Parte Decree:-
  • It is a decree in absentia.
  • It is pronounced if on the date of hearing the plaintiff is present, and the defendant is absent.
• Remedies Against An Ex Parte Decree:
  • Once an Ex Parte Decree has been passed against a judgement debtor, he/she can undertake any of the several remedies available to him under the code.
  • CPC provides the following remedies against an Ex-Parte Decree, in which setting Aside is one of them.
  • Setting Aside:
    • Order 9, Rule 13 of the CPC, provides for the setting aside of the Ex-Parte decree passed against the defendant.
    • Defendant against whom an Ex-Parte decree has been passed may apply to the Court by which the decree was passed for an order to set it aside and if he satisfies the Court that:
      • The summons was not duly served, or He was prevented by any sufficient cause from appearing when the suit was called on for hearing.
    • If either of the above two conditions are satisfied, then the Court shall make an order setting aside the decree as against such defendant.

The correct answer is Order 9 R.4 

Key Points Order 9 Rule 4 – Fresh Suit by Plaintiff or Restoration of Dismissed Suit

If a suit is dismissed under Rule 2 or Rule 3, the plaintiff has two options:
He may, subject to the law of limitation, either file a fresh suit or apply to have the dismissal set aside. If the plaintiff can satisfy the Court that there was sufficient cause for the failure mentioned in Rule 2 or for his non-appearance (as applicable), the Court shall set aside the dismissal and fix a date for proceeding with the suit.

The correct answer is 'Order IX Rule 4 of the Code of Civil Procedure, 1908.'

Key Points

• Order IX Rule 4 of the Code of Civil Procedure, 1908:
  • Order IX Rule 4 deals with the situation where a suit is dismissed for non-service of summons due to the plaintiff's failure to pay the requisite postal charges.
  • This rule allows the plaintiff to apply for setting aside the dismissal of the suit and for its restoration.
  • The application for setting aside the dismissal and for the restoration of the suit has to be filed before the same court that dismissed the suit.
  • This ensures that the plaintiff is given an opportunity to rectify the failure and proceed with the suit.

Additional Information

• Order IX Rule 3 of the Code of Civil Procedure, 1908:
  • Order IX Rule 3 pertains to the dismissal of a suit where neither party appears when the suit is called on for hearing.
  • It does not deal with the non-service of summons and is not relevant to the situation described.
• Order IX Rule 9 of the Code of Civil Procedure, 1908:
  • Order IX Rule 9 allows the plaintiff to apply for the setting aside of a dismissal order and the restoration of the suit if the suit was dismissed in the absence of the plaintiff.
  • This rule is also not applicable to the scenario of non-service of summons due to the plaintiff's failure to pay postal charges.
• Order IX Rule 13 of the Code of Civil Procedure, 1908:
  • Order IX Rule 13 deals with the setting aside of an ex parte decree passed against the defendant when the summons were not duly served.
  • This rule is relevant to the defendant and not to the plaintiff's failure in the context of non-service of summons.