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What is Order 9 Rule 9 of Civil Procedure Code , 1908 Restoration Petition in case of Dissmiss for Default

Order IX, Rule 9 of the Code of Civil Procedure, 1908, pertains to the power of the court to set aside a dismissal order in case of non-appearance of a party. This rule is designed to balance the principles of justice and fairness, recognizing that sometimes, parties may fail to appear due to circumstances beyond their control.

The text of Order IX, Rule 9 is as follows:

> **Order IX, Rule 9: Power to set aside decree ex parte against defendant.**
"Where a decree is passed ex parte against a defendant, he may apply to the court by which the decree was passed for an order to set it aside; and if he satisfies the court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court, or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit."

This rule confers upon the court the discretionary power to set aside a decree passed against a defendant in their absence. The defendant, under this provision, has the opportunity to apply to the court for the setting aside of the ex parte decree, provided they can establish either of the following circumstances:

1. **Defective Service of Summons:**
   If the defendant can demonstrate that the summons notifying them of the court proceedings was not duly served, the court may exercise its discretion to set aside the decree.

2. **Sufficient Cause for Non-Appearance:**
   The defendant may present sufficient cause for their non-appearance during the hearing. The term "sufficient cause" is construed liberally, encompassing circumstances beyond the control of the defendant that prevented their attendance.

Upon a successful application by the defendant, the court has the authority to set aside the ex parte decree. The court may impose conditions, including costs, payment into court, or any other terms deemed appropriate. Furthermore, the court is obligated to appoint a future date for the continuation of the suit.

In essence, Order IX, Rule 9 embodies the principles of natural justice, ensuring that individuals are not unduly prejudiced by procedural irregularities and are afforded a fair opportunity to be heard in civil proceedings. The rule exemplifies the judiciary's commitment to maintaining a delicate equilibrium between the expeditious dispensation of justice and safeguarding the rights of the parties involved.