• Order 9, Rule 8 of CPC

Plaintiff’s civil suit dismissed in default for want of prosecution. What are the benefits to me as a respondent. Case regarding road
Asked 14 days ago in Civil Law

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11 Answers

Litigation has come to and end as Plaintiff did not prosecute the case, did not lead any evidence .

Ajay Sethi
Advocate, Mumbai
98312 Answers
7989 Consultations

It means there is no case pending in court and you or the public authority can proceed with the issue as found to be permissible. 

Devajyoti Barman
Advocate, Kolkata
23495 Answers
529 Consultations

Dear Client,

  1. As the suit of the plaintiff was relegated to default for want of prosecution under Order IX Rule 8 CPC, it implies that the court did not feel the need to consider the merits of the case and the case is closed at present.
  2. As the defendant/respondent, you are privileged not to have to defend the case any further unless the plaintiff makes an application for restoration under Order IX Rule 9 CPC, which has to be within the period of limitation and on sufficient grounds.
  3. Unless the suit is reinstated, you may regard the dismissal as finality and go on using or asserting rights over the contested road, provided no new suit is instituted on the same cause of action.

Hope this helps you out, should you require any other explanations or difficulties, please just ask.

 

Anik Miu
Advocate, Bangalore
10593 Answers
123 Consultations

there are no benefits as of now as same can be restored by them if they approach court for restoration 

Prashant Nayak
Advocate, Mumbai
33420 Answers
220 Consultations

If a court invokes Order 9, Rule 8 of the Code of Civil Procedure (CPC) against the plaintiff, the defendant's benefit is that the suit is typically dismissed, unless the defendant admits the claim or part of it. If the defendant admits the claim, a decree will be passed against them for the admitted portion, and the suit will be dismissed for the remainder. This dismissal prevents the plaintiff from bringing a fresh suit on the same cause of action unless they can get the dismissal set aside.

Courts have the discretion to restore a suit dismissed for default under Rule 8 if sufficient cause for the plaintiff''s absence is shown.

Courts possess inherent powers to recall orders of dismissal made under Order 9 Rule 8 if such orders are found to be without jurisdiction.

It is possible for court to restore the suit if sufficient cause for non-appearance is demonstrated.

 

T Kalaiselvan
Advocate, Vellore
88512 Answers
2397 Consultations

Under Order 9 Rule 8 of CPC, if the plaintiff's suit is dismissed for default (non-appearance or lack of prosecution), the case is effectively closed in your favor as the respondent.

Benefits to You (Respondent):

  • No decree against you – You are not liable in this case.

  • Final relief denied to plaintiff – They lose the opportunity to get any court-ordered remedy.

  • Time and cost saved – You don’t have to proceed with full trial unless they restore the suit.

  • Defensive strength – If the plaintiff files a fresh suit or seeks restoration, you can oppose it strongly.

 

Shubham Goyal
Advocate, Delhi
1038 Answers
5 Consultations

Your case has not reached any finality as yet. The plaintiff is legally entitled to file an application for restoration of the suit in the same court or appeal against the dismissal. Please seek your lawyer's guidance before proceeding further in the matter.

Swaminathan Neelakantan
Advocate, Coimbatore
3011 Answers
20 Consultations

Order 9, Rule 8 of the CPC states that if a plaintiff doesn't appear for a hearing, the court can dismiss the case unless the defendant admits the claim. This rule applies to both the first hearing and any subsequent hearings

- It means that after filing the suit , the plaintiff failed to pursue its own case and even not appear before the Court for further proceedings of the case. 

- There is no case against the Respondent now, and the respondent is free to take any legal action against the plaintiff 

Mohammed Shahzad
Advocate, Delhi
15144 Answers
230 Consultations

No more merits expected.

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 in default , 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 only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.

Please do remember that , the Courts have the discretion to restore a suit dismissed for default under Rule 8 if sufficient cause for the plaintiff’s absence is shown.

Presently there is no case against 

 

Ajay N S
Advocate, Ernakulam
4107 Answers
114 Consultations

Any suit dismissed for default can be restored by the Court on application filed by the petitioner. But during dismissal all interim orders will also be suspended and will automatically reviewed on restoration. 

Ravi Shinde
Advocate, Hyderabad
4850 Answers
42 Consultations

If the plaintiff's civil suit has been dismissed in default for want of prosecution, it generally benefits you as the respondent in the following ways:

  1. No Further Legal Proceedings – Since the case has been dismissed, you are no longer required to defend yourself in court unless the plaintiff successfully files for restoration of the suit.

  2. Avoiding Legal Costs – You save on legal expenses, including lawyer fees and court-related costs, as the case is no longer active.

  3. Strengthening Your Position – If the plaintiff attempts to reopen the case, they must provide a valid reason for their default. Courts may not always allow restoration, especially if the delay is unjustified.

  4. Property Rights & Road Access – If the case were related to a road dispute, the dismissal means that your existing rights remain intact, and the plaintiff cannot challenge them unless they refile.

However, the plaintiff may apply to restore the suit, citing valid reasons for their absence. If this happens, you can contest it based on legal grounds.

 

Atavarish Varshi
Advocate, Navi Mumbai
15 Answers
1 Consultation

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