Order IX of the Code of Civil Procedure deals with the appearance of parties in court and the consequences of their non-appearance. It provides rules for cases where the plaintiff or defendant fails to appear on the date fixed for hearing, and the procedures for the restoration of suits dismissed for default.
This Order protects the integrity of court proceedings by ensuring parties are diligent in pursuing or defending a suit and offers remedies like restoration applications in cases of genuine absence.
1. What is the primary focus of Order IX of the CPC?
A. Framing of issues
B. Appearance of parties and consequences of non-appearance
C. Filing of written statements
D. Execution of decrees
Answer: B. Appearance of parties and consequences of non-appearance
2. Under Order IX Rule 2, what happens if the plaintiff fails to pay the process fee for issuing summons?
A. The suit is dismissed
B. The summons is issued at the court’s expense
C. The court adjourns the hearing indefinitely
D. The defendant may file a counterclaim
Answer: A. The suit is dismissed
3. If neither the plaintiff nor the defendant appears on the date fixed for hearing, what action can the court take under Order IX Rule 3?
A. Dismiss the suit
B. Pass an ex parte decree
C. Strike out the defendant’s defense
D. Adjourn the suit to a later date
Answer: A. Dismiss the suit
4. Under Order IX Rule 6, if the defendant does not appear despite being duly served, what can the court do?
A. Adjourn the suit for another hearing
B. Proceed ex parte against the defendant
C. Dismiss the suit for non-appearance of the defendant
D. Direct the plaintiff to re-serve the summons
Answer: B. Proceed ex parte against the defendant
5. Under Order IX Rule 9, what must the plaintiff prove to restore a suit dismissed for non-appearance?
A. That the suit was dismissed due to the defendant’s fault
B. That the absence was due to sufficient cause
C. That the court made a procedural error in dismissal
D. That the defendant agreed to restoration
Answer: B. That the absence was due to sufficient cause
6. Which of the following is NOT a condition for setting aside an ex parte decree under Order IX Rule 13?
A. The defendant must prove that summons were not duly served
B. The defendant must prove sufficient cause for non-appearance
C. The application to set aside must be made within the prescribed time limit
D. The defendant must show evidence of fraud by the plaintiff
Answer: D. The defendant must show evidence of fraud by the plaintiff
7. What is the remedy available to the plaintiff if a suit is dismissed under Order IX Rule 8 due to the plaintiff’s non-appearance?
A. The plaintiff can file a fresh suit on the same cause of action
B. The plaintiff can appeal against the dismissal
C. The plaintiff can apply for restoration of the suit
D. Both A and C
Answer: D. Both A and C
8. Under Order IX Rule 5, within what time frame must the plaintiff apply for reissuance of summons if the summons were returned unserved?
A. 15 days
B. 30 days
C. 60 days
D. 7 days
Answer: B. 30 days
9. If the defendant appears and the plaintiff does not appear on the first hearing, what action can the court take under Order IX Rule 8?
A. Dismiss the suit for non-appearance of the plaintiff
B. Grant an ex parte decree in favor of the defendant
C. Adjourn the hearing for a later date
D. Strike out the written statement of the defendant
Answer: A. Dismiss the suit for non-appearance of the plaintiff
10. Under Order IX Rule 7, what happens if a defendant who has been proceeded against ex parte later appears and shows sufficient cause for earlier non-appearance?
A. The court rejects the application automatically
B. The court sets aside all ex parte orders and proceeds as if the defendant appeared earlier
C. The court strikes out the plaint
D. The court imposes a penalty but refuses to hear the defendant
Answer: B. The court sets aside all ex parte orders and proceeds as if the defendant appeared earlier