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Dismissal for Default (Order IX Rule 8 CPC)

Civil Procedure & Litigation Mechanics

Definition

An order dismissing the plaintiff's suit passed when the defendant appears on the date of hearing but the plaintiff fails to appear and does not lead evidence, without the defendant admitting any part of the claim.

Example

In a money recovery suit called for trial at the Tis Hazari Courts, Delhi, defense counsel is present but neither the plaintiff nor their advocate appears despite repeated calls; the civil judge dismisses the suit for default under Order IX Rule 8 CPC.