What do you mean by dismissal of suit under civil procedure code?

Answer 1

Dismissal of a Suit finally terminates the proceedings therein before the Court in which the same was filed.

A Suit can be dismissed under the following provisions of the Civil Procedure Code

ORDER IX

Rule 2. Dismissal of suit where summons not served in consequence of plaintiffs failure to pay cost- 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 of postal charges (if any) chargeable for such service, [159][or to

present copies of the plaint or concise statements, as required by rule 9 of order VII,] the Court may make an

order that the suit be dismissed.

Rule 3. Where neither party appears, suit to be dismissed- Where neither party appears when the suit is called

on for hearing, the Court may make an order that the suit be dismissed.

Rule 5. Dismissal of suit where plaintiff after summons returned unserved, fails for one month to apply for fresh

summons- (1) Where after a summons has been issued to the defendant, or to one of several defendants,

and returned unserved the plaintiff fails, for a periods of [162][one month] from the date of the return made to

the Court by the officer ordinarily certifying to the Court returns made by the serving officers, to apply for the

issue of a fresh summons the Court shall make an order that the suit be dismissed as against such

defendant, unless the plaintiff has within the said period satisfied the Court that-

(a) he has failed after using his best endeavours to discover the residence of the defendant, who has not

been served, or

(b) such defendant is avoiding service of process, or

(c) there is any other sufficient cause for extending the time,

in which case the Court may extend the time for making such application for such period as it thinks fit.]

Rule 8. Procedure where defendant only appears- 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 only of the claim has been admitted, shall dismiss the

suit so far as it relates to the remainder.

ORDER IX

Rule 21. Non-compliance with order for discovery- [170][(1)] Where any party fails to comply with any order to

answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have

his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to

be placed in the same position as if he had not defended, and the party interrogating or seeking discovery or

inspection may apply to the Court for an order to that effect and [171][an order may be made on such

application accordingly, after notice to the parties and after giving them a reasonable opportunity of being

heard.]

ORDER XX

Rule 14 . Decree in pre-emption suit- (1) Where the Court decrees a claim to pre-emption in respect of a

particular sale of property and the purchase-money has not been paid into Court, the decree shall-

(a) specify a day on or before which the purchase-money shall be so paid, and

(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees

against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of

the property to the plaintiff, whose title thereto shall be deemed to have accused from the date of such

payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed

with costs.

ORDER XXII

Rule 8 . When plaintiffs insolvency bars suit- (1) The insolvency of a plaintiff in any suit which the assignee or

receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such

assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise

directs) to give security for the costs thereof within such time as the Court may direct.

(2) Procedure where assignee fails to continue suit, or give security-Where the assignee or receiver

neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant

may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an

order dismissing the suit and awarding to the defendant the costs which he has insured in defending the

same to be proved as a debt against the plaintiff's estate.

ORDER XXV

Rule 2 . Effect of failure to furnish security- (1) In the event of such security not being furnished within the time

fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to

withdraw therefrom.

ORDER XXX

Rule 13 . Where minor co-plaintiff attaining, majority desires to repudiate suit- (1) Where a minor co-plaintiff on

attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and

the Court, if it finds that he is not a necessary party shall dismiss him from the suit on such terms as to costs

or otherwise as it thinks fit.

Rule 14 . Unreasonable or improper suit- (1) A minor on attaining majority may, if a sole plaintiff, apply that a suit

instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.