Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.
Order IX Rule 1 CPC Parties to appear on day fixed in summons for defendant to appear and answer
Order IX Rule 3 CPC Where neither party appears suit to be dismissed
Order IX Rule 4 CPC Plaintiff may bring fresh suit or Court may restore suit to file