A suit may be dismissed under Order IX: (i) Where the summons is not served upon the defendant in consequence of the plaintiffs failure to pay costs for service of summons (Rule 2) (ii) Where neither the plaintiff nor the defendant appears (Rule 3) (iii) Where plaintiff, after summons returned unserved, fails for 7 days to apply for fresh summons (Rule 5) (iv)Where on the date fixed for hearing in a suit only defendant appears and he does not admit the’ plaintiff’s claim. (Rule 8) Codes:
Explanation & Strategy
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Under Order IX CPC, a suit may be dismissed when: (i) summons not served due to plaintiff's failure to pay costs, (ii) neither party appears, (iii) plaintiff alone fails to appear (while defendant appears). All three situations can lead to dismissal.