Parties to appear on day fixed in summons for defendant to appear and answer. — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

1. Parties to appear on day fixed in summons for defendant to appear and answer. _______ ORDER VIII Written statement, set-off and counter-claim RULES Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs. Where neither party appears suit to be dismissed. Plaintiff may bring fresh suit or Court may restore suit to file. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply for fresh summons. Procedure when only plaintiff appears. When summons duly served. When summons not duly served. When summons served but not in due time. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance. Procedure where defendant only appears. Decree against plaintiff by default bars fresh suit. Procedure in case of non-attendance of one or more of several plaintiffs. Procedure in case of non-attendance of one or more of several defendants. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person. Setting aside Decree ex parte Setting aside decree ex parte against defendant. No decree to be set aside without notice to opposite party. ______ ORDER X Examination of Parties by the Court Ascertainment whether allegations in pleadings are admitted or denied.

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