Order IX Rule 2: Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay

Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs. Where on the day so fixed it is found that the 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, the Court may make an order that the suit be dismissed: Provided that no such order shall be made although the summons has not been served upon the defendant, if on the day fixed for him to appear and answer he attends in person or by agent when he is allowed to appear by agent.

Effective date: 1909-01-01

Related sections