Order X of Code of Civil Procedure, 1908
Order X CPC — Appearance of Parties and Consequences of Non-Appearance
1. Overview
Order X CPC provides the procedure when parties appear or fail to appear during the hearing of a civil suit. It lays down what courts can do if:
The plaintiff does not appear,
The defendant does not appear,
Both parties fail to appear,
Or if the plaintiff appears but the defendant does not.
2. Key Provisions
a) Section 1: Appearance of Parties
The parties must appear on the day fixed for hearing.
If either party fails to appear, the court can take action as per the rules in Order X.
b) Section 2: Consequences of Plaintiff’s Non-Appearance
If the plaintiff does not appear, the court may dismiss the suit for default.
The suit can be restored later if the plaintiff satisfies the court with a sufficient cause for non-appearance.
c) Section 3: Consequences of Defendant’s Non-Appearance
If the defendant does not appear, the court may pass a decree against the defendant on the merits.
This is called ex parte decree.
d) Section 4: If Both Parties Do Not Appear
The court may adjourn the hearing or dismiss the suit for default.
e) Section 5: Restoration of Suit
A suit dismissed for non-appearance can be restored by the court if the plaintiff shows sufficient cause for their failure to appear.
f) Section 6: Examination of Parties
If both parties appear, the court proceeds with examination of the parties and evidence.
3. Importance
Ensures procedural fairness by giving chances to parties.
Balances the need for efficient disposal of suits and protecting parties’ rights.
Helps courts manage cases where parties are not cooperating or neglecting appearances.
4. Relevant Case Laws
a) Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2011)
The Supreme Court held that dismissal for default is harsh, and courts must apply the principle of "sufficient cause" liberally while restoring suits.
b) Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. Pvt. Ltd. (2010)
Court emphasized that an ex parte decree can be set aside if the defendant appears and proves a valid reason for their absence.
c) K.K. Verma v. Union of India (1969)
It was held that non-appearance should not be lightly treated, but courts should also not let cases linger unnecessarily.
5. Summary Table
| Section | Content | Purpose |
|---|---|---|
| Section 1 | Appearance of parties | Ensures parties present on hearing day |
| Section 2 | Plaintiff’s non-appearance | Dismissal of suit for default |
| Section 3 | Defendant’s non-appearance | Ex parte decree against defendant |
| Section 4 | Both parties non-appearance | Adjourn or dismissal |
| Section 5 | Restoration of suit | Restore dismissed suit on cause |
| Section 6 | Examination of parties | Proceed with trial |
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