CPC 1908 § Order IX, Rule 6 — Procedure when only plaintiff appears

Statutory text (English)

(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 proceed ex parte 2[and pass decree without recording evidence;]
(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.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order IX, Rule 6 (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. 79, 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

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

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. 79) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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