Code of Civil Procedure, 1908 | Order IX

Order IX Rule 10 CPC: Non-Appearance of One or More Plaintiffs

Order IX Rule 10 of the Code of Civil Procedure, 1908 (CPC) explains how a civil court may proceed when a suit has several plaintiffs, some attend the hearing and others are absent. The court may permit the attending plaintiffs to continue the suit or pass another appropriate order.

Key point: The absence of one or more co-plaintiffs does not automatically require dismissal of the entire suit when at least one plaintiff appears. The court has discretion under Rule 10.

Order IX Rule 10 CPC - Statutory Provision

Heading: Procedure in case of non-attendance of one or more of several plaintiffs.

Where there are more plaintiffs than one, and one or more of them appear and the others do not appear, the Court may, at the instance of the plaintiff or plaintiffs appearing, permit the suit to proceed in the same way as if all the plaintiffs had appeared, or make such order as it thinks fit.

This reproduces the central provision. Check applicable State amendments, High Court rules and case-specific directions where relevant.

Meaning and Scope of Order IX Rule 10

The rule applies to a suit filed by two or more plaintiffs when at least one appears but one or more others do not. Its purpose is to allow the court to manage the proceedings without treating every absence by a co-plaintiff as a reason to stop the case.

The words "may" and "or make such order as it thinks fit" confer discretion on the court. The court considers the nature of the claim, the parties' respective interests, the stage of proceedings and whether the case can fairly proceed in the absence of a co-plaintiff.

Who is a plaintiff?

A plaintiff is a person who institutes a civil suit seeking relief from the court. Co-plaintiffs are two or more persons joined as plaintiffs in the same suit, subject to the joinder rules under Order I CPC.

What counts as appearance?

Appearance is governed by the CPC and applicable procedural rules. Depending on the circumstances, an appearance through a duly authorised pleader may constitute appearance; a specific order requiring personal attendance must also be obeyed.

Procedure When Some Plaintiffs Are Absent

Call of the suit: On the scheduled hearing date, the court records which parties or authorised representatives are present.
Request by appearing plaintiffs: One or more attending plaintiffs may ask the court to proceed under Order IX Rule 10.
Judicial assessment: The court considers whether the attending plaintiffs can effectively prosecute the claim and whether continuing would prejudice absent parties or the defendants.
Appropriate order: The court may allow the suit to continue as though all plaintiffs appeared, adjourn it or make another order justified by the circumstances.

The rule does not mean that every absent plaintiff's evidence or participation can be dispensed with in all circumstances. Requirements concerning pleadings, evidence, authority and necessary parties continue to apply.

Illustration

Suppose three co-owners file a civil suit and two attend a hearing while the third is absent. The two attending plaintiffs may request that the case proceed under Order IX Rule 10. The court may allow the hearing to continue if appropriate, but may issue other directions if the absent co-owner's participation is important to the matter being decided.

Related Provisions of the Code of Civil Procedure

Provision	What it addresses
Order I Rules 1 and 9	Joinder of plaintiffs and the general effect of misjoinder or non-joinder, subject to the necessary-party exception.
Order III Rule 1	Appearance, applications and acts through a recognised agent or pleader, subject to law and court directions.
Order IX Rule 8	Dismissal where the defendant appears and the plaintiff does not appear, subject to the rule's admission exception.
Order IX Rule 9	Restoration and bar on a fresh suit on the same cause of action after dismissal under Rule 8.
Order IX Rule 11	Procedure where one or more of several defendants are absent.
Order IX Rule 12	Consequences when a party directed to appear in person fails to do so without sufficient cause.

For the primary legislation, consult the Code of Civil Procedure, 1908 (India Code, official PDF) and the India Code portal. State-specific amendments and procedural rules may also apply.

Frequently Asked Questions

Is the suit automatically dismissed if one of several plaintiffs is absent?

No. Under Order IX Rule 10, the court may allow the suit to continue at the request of the appearing plaintiff or plaintiffs, or pass another appropriate order.

Does the court have to let the attending plaintiffs proceed?

No. The language of Rule 10 gives the court discretion. The order depends on the circumstances and fairness of continuing the proceedings.

What if all plaintiffs are absent?

Order IX Rule 10 addresses situations in which at least one plaintiff appears. If all plaintiffs are absent, other rules under Order IX, including Rules 3 or 8 depending on the defendant's attendance, may apply.

Does Rule 10 decide the merits of the claim?

No. It concerns attendance and conduct of proceedings, not whether the substantive claim is proved.

Legal information only. This article explains the central CPC framework and does not replace advice about a particular case, applicable amendments or court orders.