(1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then–
(a) When summons duly served.–if it is proved that the 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 it is not proved that the summons was duly served, 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 it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons,
the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant.

(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.

Summary

Order 9 Rule 6 of the Code of Civil Procedure (CPC) outlines procedures when only the plaintiff appears in court. The court’s actions depend on the service status of the summons and timing.

Plaintiff’s Appearance

• If the plaintiff appears and the defendant doesn’t:
  • (a) If summons duly served, court may proceed ex parte.
  • (b) If summons not duly served, issue a second summons.
  • (c) If summons served but not in due time, postpone and notify the defendant.

Plaintiff’s Default

• If the plaintiff’s fault causes improper service or delay, then court orders plaintiff to pay costs of postponement.