Where neither plaintiff nor defendant attends on the scheduled hearing date, what becomes of the lawsuit ____________________?
Show answer Hide answer
Answer: B. Dismissed as provided in O. IX, R. 3, of C.P.C.
Explanation
Order IX, Rule 3 of the C.P.C. provides for dismissing lawsuits if neither party attends. When both plaintiff and defendant fail to appear, courts dismiss the suit for default. This rule clears inactive cases from congested civil court dockets automatically. Civil courts expect active participation from litigants to keep the judicial machinery moving. Dismissal under Rule 3 does not bar filing a fresh lawsuit if limitation periods permit. Procedural codes establish clear remedies for handling abandoned or neglected civil court dates.
Judges utilize dismissal provisions to manage court calendars and penalize negligent litigants. Lawyers advise clients to track hearing schedules diligently to avoid accidental suit dismissals. Re-instituting a dismissed suit requires filing formal restoration applications with valid excuses. Option A suggests simple adjournment, ignoring the mandatory dismissal provision in Rule 3. Option C proposes awarding costs, which does not replace the primary dismissal consequence. Option D is incorrect because dismissal under Order IX, Rule 3 is the correct statutory outcome.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
Related questions
Q1. Where judgment debtors fail to appear before executing courts following show-cause notices, what does the Court issue___________________?
Show answer Hide answer
Answer: A. Warrant of arrest
Executing courts issue warrants of arrest when judgment debtors ignore show-cause notices. Failure to appear in response to court summons triggers coercive execution mechanisms. Arrest warrants compel compliance with fin...
Q2. Where conduct money is insufficient, how may medical practitioners flag this to the Court_________________?
Show answer Hide answer
Answer: A. Before recording evidence
The correct answer applies because procedural fairness requires raising financial objections before official testimony is recorded. Medical practitioners must notify the court about inadequate travel or attendance expens...
Q3. Where multiple Special Courts operate within a High Court's territorial limits, who may transfer cases between them in writing_________?
Show answer Hide answer
Answer: B. High Court
The High Court holds the exclusive administrative authority to transfer cases between multiple Special Courts. Superintendence powers enable high judicial forums to distribute caseloads efficiently across specialized tri...
Q4. Where plaintiffs rely on additional documents to substantiate claims, where must such paperwork be entered__________________?
Show answer Hide answer
Answer: C. In a list to be added or annexed with the plaint
Civil procedure rules require plaintiffs to annex a comprehensive document list to the plaint. Entering documents in this attached list ensures transparency and prevents surprise evidence. Trial courts inspect document l...
Q5. Where a plaintiff is a minor, how must the matter be handled__________________?
Show answer Hide answer
Answer: C. Order XXXII of C.P.C
The correct answer applies because Order XXXII specifically provides the comprehensive framework for handling legal proceedings involving minors. Civil procedure rules mandate that unrepresented minors must sue or defend...
Q6. Where defendants are incarcerated, how must summons be delivered or dispatched_________________?
Show answer Hide answer
Answer: A. The officer incharge of prison
When defendants are incarcerated, summons must be delivered or dispatched through the officer in charge of the prison. Procedural rules mandate that service of process upon prisoners go through official correctional admi...