Order IX Rule 1 CPC: Appearance of Parties on the Summons Date

Q: Is personal attendance compulsory under Order IX Rule 1?

Not invariably. Attendance through respective pleaders is permitted, subject to any lawful direction for personal appearance.

Q: Does the court have to decide the suit on the summons date?

No. The court may adjourn the hearing to a future date.

Q: Is Order IX Rule 1 the same as Order V Rule 1?

No. Order V governs summons, while Order IX Rule 1 governs attendance on the summons date.

Order IX Rule 1 of the Code of Civil Procedure, 1908 requires the plaintiff and defendant to attend court on the date fixed in the summons, personally or through their respective pleaders. The court may hear the suit on that date or adjourn the hearing.

Statutory provision: Order 9 Rule 1 CPC

Heading: Parties to appear on day fixed in summons for defendant to appear and answer.

On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is adjourned to a future day fixed by the Court.

Source: Code of Civil Procedure, 1908 (official India Code PDF), First Schedule, Order IX, Rule 1.

Meaning and legal requirements

Attendance on the appointed date: The plaintiff and defendant are expected to be present when the case is called on the date specified in the summons. Attendance may be through their respective advocates (pleaders), subject to any direction requiring personal appearance.

Hearing or adjournment: The rule contemplates the suit being heard on that date unless the court fixes a later date. It does not mean that every suit must be finally decided on its first listing; the stage of proceedings and applicable procedural requirements remain relevant.

Meaning of pleader: Section 2(15) CPC defines a pleader as a person entitled to appear and plead for another in court, including an advocate, a vakil and an attorney of a High Court. Order III Rule 1 addresses appearances, applications and acts by parties, recognized agents or pleaders, subject to the court's power to require personal appearance.

How the summons date is fixed

Order V CPC governs the issue and service of summons. In particular, Order V Rule 6 requires the appearance date to be fixed with reference to the court's business, the defendant's residence and the time necessary for service, allowing sufficient time to appear and answer. Parties should read the summons carefully and follow the court's directions about attendance and filing requirements.

What happens if a party does not appear?

Order IX Rule 1 establishes the attendance requirement; the consequences of default are addressed in other rules of Order IX and depend on the circumstances, including service of summons:

Neither party appears: Under Rule 3, the court may dismiss the suit.
Only the plaintiff appears: Rule 6 governs whether the court may proceed ex parte, issue a fresh summons or postpone the hearing.
Only the defendant appears: Rule 8 generally requires dismissal of the suit, subject to its provision concerning admission of the claim.
Relief from default: Rules 4, 7, 9 and 13 provide different remedies in their respective situations, subject to applicable conditions and limitation periods.

These outcomes are not automatic in every case. The court considers the procedural stage, proof of service, reasons for absence and the relevant statutory rule.

Practical guidance for litigants

Confirm the date, court and case number from the summons or official case record.
Arrange attendance personally or through a duly authorized pleader, as permitted.
Comply with directions concerning pleadings, documents and other filings.
If attendance is not possible, seek appropriate relief through counsel rather than assuming an adjournment will be granted.
Check subsequent orders for any adjourned hearing date.

Frequently asked questions

Is personal attendance compulsory under Order IX Rule 1?

Not invariably. The rule expressly permits attendance through respective pleaders, although the court may direct a party to appear personally where the law permits.

Does the court have to decide the suit on the summons date?

No. The rule permits the court to adjourn the hearing to a future date. Other provisions govern the steps necessary before final disposal.

Is Order IX Rule 1 the same as Order V Rule 1?

No. Order V deals with summons and its issue and service; Order IX Rule 1 concerns attendance of parties on the date fixed in the summons.

Official legal reference

Read the Code of Civil Procedure, 1908 on India Code. State amendments, applicable High Court rules and special procedures for commercial disputes should also be checked where relevant.