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On the day fixed for the defendant to appear, the court finds that the summons was not served because…

Order IX Rule 2 permits dismissal when the plaintiff's specified default prevents service of the summons. Its proviso prevents dismissal under this rule if the defendant…

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On the day fixed for the defendant to appear, the court finds that the summons was not served because the plaintiff failed to pay the required court fee or postal charges, or failed to supply copies of the plaint under Order VII Rule 9 of the Code of Civil Procedure, 1908. The defendant has not appeared in person or through an authorised agent. Under Order IX Rule 2, the court may order that the suit be:

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Answer and explanation

Correct answer C

Order IX Rule 2 permits dismissal when the plaintiff's specified default prevents service of the summons. Its proviso prevents dismissal under this rule if the defendant appears in person or through an agent authorised to answer the claim.

Option feedback

Option A

Incorrect: Adjournment is not the consequence specified in Order IX Rule 2.

Option B

Incorrect: Rejection of a plaint is a distinct remedy under Order VII Rule 11.

Option C

Correct: The rule expressly permits dismissal for the specified default.

Option D

Incorrect: Order IX Rule 2 does not prescribe a stay as the consequence of this default.

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