Where on the day so fixed it is found that summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed:
Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.
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