Code of Civil Procedure, 1908 | Order IX

Order IX Rule 6 CPC - Procedure When Only Plaintiff Appears

Order IX Rule 6 of the Code of Civil Procedure, 1908 (CPC) explains what a civil court must consider when the plaintiff appears for a hearing but the defendant is absent. The court's next step depends on whether the summons was properly served and whether the defendant had sufficient time to attend.

Key point: An ex parte hearing may be ordered when due service is proved. If due service is not proved, a second summons must be issued; if service was too late, the hearing must be postponed.

Legal provision: Order IX Rule 6 CPC

The central statutory rule, titled Procedure when only plaintiff appears, provides the following:

Rule 6(1): Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, the court applies the following provisions:

(a) When summons duly served: If it is proved that summons was duly served, the court may make an order that the suit shall be heard ex parte.

(b) When summons not duly served: If due service is not proved, the court shall direct a second summons to be issued and served on the defendant.

(c) When summons served but not in due time: If summons was served but not sufficiently early for the defendant to appear and answer, the court shall postpone the hearing to a future date and direct that notice of that date be given to the defendant.

Rule 6(2): Where the failure to serve summons duly or in sufficient time was due to the plaintiff's default, the court shall order the plaintiff to pay the costs occasioned by the postponement.

The above is a faithful explanatory restatement of the central provision. Read the official CPC text on India Code for the enacted wording and applicable amendments.

Meaning and application of Rule 6

1. Summons duly served: Order IX Rule 6(1)(a)

When the defendant does not attend despite proved due service, the court has discretion to direct that the suit be heard ex parte. An ex parte order does not automatically mean that the plaintiff wins: the court must still consider the pleadings, evidence and applicable law before granting relief.

2. Summons not duly served: Order IX Rule 6(1)(b)

Where the court cannot establish proper service, it must order a second summons to be issued and served. Mere absence of the defendant is not enough to justify an ex parte hearing without satisfying the service requirement.

3. Summons served too late: Order IX Rule 6(1)(c)

Even when service occurred, the defendant must have sufficient time to appear and answer. If the summons arrived too late, the court must postpone the hearing and notify the defendant of the new date.

4. Costs caused by plaintiff's default: Order IX Rule 6(2)

If the plaintiff's default caused defective or late service, the court must order the plaintiff to bear the costs arising from the postponement. This provision discourages avoidable delay while protecting the defendant's opportunity to participate.

What happens after an ex parte order?

Under Order IX Rule 7, a defendant who appears at or before an adjourned ex parte hearing and shows good cause for earlier non-appearance may, subject to the court's terms, be heard as though present on the original date. If an ex parte decree has already been passed, Order IX Rule 13 provides a distinct remedy for setting it aside on statutory grounds. An appeal against an original ex parte decree may also be available under Section 96(2) CPC.

Rule 7 and Rule 13 operate at different stages; neither guarantees relief merely because the defendant later appears. The procedural stage, proof of service, sufficient cause and any applicable limitation period matter.

Order V CPC regulates issue and service of summons. Order IX Rule 1 concerns attendance on the day fixed. Order IX Rule 2 addresses certain failures by the plaintiff resulting in non-service, while Order IX Rule 5 deals with failure to seek fresh summons after an unserved return. Order IX Rule 8 concerns the converse situation where only the defendant appears.

Frequently asked questions

Can the court proceed ex parte simply because the defendant is absent?

No. Under Rule 6(1)(a), due service of summons must be proved before the court may direct an ex parte hearing.

What if summons was not properly served?

Rule 6(1)(b) requires the court to direct a second summons to be issued and served.

What if the defendant received summons too late?

The court must postpone the hearing and direct notice of the next hearing date under Rule 6(1)(c).

Does an ex parte order immediately result in a decree?

No. An order to hear the suit ex parte is procedural; the court must still determine whether the plaintiff has established entitlement to the relief sought.

Official legal source

The Code of Civil Procedure, 1908 - India Code (official PDF). Court-specific rules, applicable local amendments and subsequent legal developments should also be checked for a particular proceeding.

This article provides general legal information, not advice for any particular dispute. Updated: 12 October 2026.