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At the hearing of a civil suit, the defendant appears and the plaintiff does not. The defendant admits…

Order IX, rule 8 directs dismissal when the defendant appears and the plaintiff does not. If the defendant admits all or part of the claim, the court passes a decree on the…

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At the hearing of a civil suit, the defendant appears and the plaintiff does not. The defendant admits no part of the claim. Which rule of Order IX of the Code of Civil Procedure, 1908 directs dismissal?

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Answer and explanation

Correct answer C

Order IX, rule 8 directs dismissal when the defendant appears and the plaintiff does not. If the defendant admits all or part of the claim, the court passes a decree on the admitted claim and dismisses any remainder.

Option feedback

Option A

Rule 2 concerns failure to serve summons caused by a specified default of the plaintiff. The question asks about appearance at the hearing.

Option B

Rule 3 permits dismissal when neither party appears.

Option C

Rule 8 directs dismissal when the defendant appears, the plaintiff does not, and the defendant admits no part of the claim.

Option D

Rule 6 concerns appearance of the plaintiff and absence of the defendant.

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