CPC 1908 § Order IX, Rule 2 — Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay

Statutory text (English)

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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order IX, Rule 2 (APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 78, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 78) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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