Amendment of Order IX

In the First Schedule, in Order IX, for rule 2 (as substituted by clause (i) of section 19 of the Code of Civil Procedure (Amendment) Ac, 1999] the following rule shall be substituted, namely:-

Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs. “2. Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of he plaint as required by rule 9 of Order VII, the Court may make an order that the suit be dismissed: Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.”.