Where neither party appears suit to be dismissed
Full Text
Where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.
Plain English Summary
Authorizes the court to dismiss the suit for default when neither the plaintiff nor the defendant appears upon the matter being called for hearing.
Key Legal Elements
- Concurrent Non-Appearance: Both plaintiff and defendant fail to appear when the cause is called out.
- Court's Discretion: The court 'may' dismiss; it is not obligated to dismiss and may adjourn if cause is shown or in the interest of justice.
- Dual Remedies under Rule 4: Plaintiff is entitled either to institute a fresh suit or apply for restoration.
Practical Note
Distinction between Rule 3 and Rule 8 Dismissals: 1. Non-Appearance of Both Parties (Rule 3): Because neither party appeared, there is no res judicata and no bar against a fresh suit. Under Rule 4, the plaintiff has two independent remedies: (i) File a fresh suit on the same cause of action subject to limitation, OR (ii) File an application for restoration under Order IX Rule 4. 2. No Notice to Defendant Required: In an application to restore under Rule 4 following a Rule 3 dismissal, since defendant never appeared, court can restore without notice to defendant.
हिंदी पाठ
जहां वाद की सुनवाई के लिए पुकार होने पर दोनों में से कोई भी पक्षकार उपसंजात नहीं होता है, वहां न्यायालय यह आदेश कर सकेगा कि वाद खारिज (Dismissed) कर दिया जाए।