High Court of Meghalaya
CRP No. 21 of 2018
Decided on: 26.08.2019
Title Suit – Article 227 of the Constitution of India – Rule 36A of the Rules of the Administration of
Justice and Police in the Khasi and Jaintia Hills, 1937- Order IX Rule 8 CPC – It held that in Order
IX Rule 8 CPC enjoins the court that where the defendant appears and, the plaintiff does not appear
when the suit is called on for hearing, the court shall make an order that the suit be dismissed, unless
the defendant admits the claim, or part thereof, in which case the court shall pass a decree against the
defendant upon such admission, and, where part of the claim only has been admitted, shall dismiss the
suit as it relates to the remainder- Accordingly, in view of the above, the trial court instead of dismissing
the suit on 07.08.2018 had passed the impugned order which is contrary to the statutory provision
contained in Order IX Rule 8 CPC. Consequently, this revision petition is allowed and the impugned
order is set aside with the clarification that under the circumstances the suit shall be deemed to have
been dismissed on 07.08.2018 in terms of Order IX Rule 8 CPC as the respondent-plaintiff had failed to
put in appearance on the said date – Disposed of as above.
