What is order 9 rule 9 sufficient cause?

Asked by: Mrs. Clarissa O'Connell  |  Last update: February 14, 2026
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Order 9 Rule 9 of India's Code of Civil Procedure (CPC) allows a plaintiff to apply to restore a suit dismissed for their non-appearance, requiring them to show "sufficient cause" for missing the hearing, meaning a valid, unavoidable reason like sudden illness or genuine mistake, not mere negligence, to convince the court to set aside the dismissal and reschedule the case, usually within 30 days.

What is the order 9 rule 9?

According to Order 9 Rule 9 of the Code of Civil Procedure (CPC), the plaintiff must satisfy the court that there was "sufficient cause" for their non-appearance.

What is the doctrine of sufficient cause?

The Supreme Court has repeatedly explained that sufficient cause is not a formality but it requires a genuine, bona fide, reasonable and plausible reason for the delay to be condoned. Courts must first evaluate the bona fides of the party seeking condonation of the delay.

What amounts to sufficient cause?

Sufficient cause, or good cause, refers to a legal determination that there exists sufficient reason to support a case or decision. Sufficient cause is tied to causation but varies depending on legal context.

What is the order 9 rule 9 of the Civil Procedure Code?

Order IX Rule 9 of the C.P.C. reads thus: “9. Decree against plaintiff by default bars fresh suit— (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action.

Order 9 Rule 13 CPC | EX-PARTE डिवोर्स डिक्री कायम | HINDI | 2023 | Dr. Jinesh Soni

20 related questions found

What is the sufficient cause for non-appearance?

“The 'sufficient cause' for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstance anterior in time.

What is the purpose of Order 9 CPC?

The provisions regarding appearance and non-appearance of parties are covered under Order 9 of the Civil Procedure Code (CPC), 1908. If a party fails to appear, the court has the power to dismiss the suit, proceed ex parte, restore dismissed suits, or set aside ex parte decrees, depending on the circumstances.

What is an example of sufficient cause?

A sufficient cause guarantees that the effect will occur, and in this way operates in a very similar fashion to the basic causal arguments we covered earlier. For example: Jumping into a pool of molten lava while unclothed is a sufficient cause of death for humans.

What is legally sufficient evidence?

The prosecution's role in a criminal trial is to present the evidence and argue to the jury that it is sufficient to prove beyond a reasonable doubt that the defendant committed the charged crimes. If the jury determines that the prosecution met its burden, it convicts the defendant.

What is the meaning of sufficient reason in law?

: a principle in logic: for everything that is there is a reason why it should be as it is rather than otherwise.

Can I claim land after 12 years in India?

Under Section 65 of the Limitation Act 1963, an individual who remains in continuous and uninterrupted possession of immovable property for 12 years may claim ownership if the rightful owner does not assert their title within this period.

What is the maximum limit for condonation of delay?

You must submit your condonation applications within five years from the end of the relevant assessment year. If you received a refund based on a court order, the five-year limit does not include the duration your case was pending in court. You have six months from the date of the court order to apply for condonation.

What is the 6 year limitation period?

The Limitation Act says that the limitation period for simple contract debts is six years. The cause of action (when the limitation period starts running) for simple contract debts is usually when your agreement says the creditor is able to take court action against you.

What is sufficient cause under CPC?

`Sufficient cause' has to be of the type, which is beyond control of the party invoking the provisions of section 5 of the Limitation Act. An avoidable cause for delay by due care and attention cannot be sufficient cause. Cause attributable to negligence or inaction of the party cannot be sufficient cause.

What is the time limit for abatement?

Abatement takes place ninety days after the death of the defendant or respondent. So the opposite party is allowed a period of 150 days in which to apply for setting aside the abatement, but if for some reason he cannot move the Court in this respect he is entitled to extension under Section 5 of the Limitation Act.

Can a partition suit be dismissed in default?

A suit for partition dismissed for default under Order 9 Rule 8 of CPC does not bar a subsequent suit for partition. The reason is that the right to enforce a partition is a continuous right, which is a legal incident of a joint tenancy and which ensures so long as the joint tenancy continues.

How do you know if your evidence is sufficient?

Key legal elements

  1. Evidence must be relevant to the case.
  2. It should be reliable and credible.
  3. It must be sufficient to support a reasonable conclusion.
  4. It should not be based on speculation or conjecture.

Can screenshots of messages be used as evidence?

Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine. 

Who determines sufficient evidence?

Sufficient evidence is determined by judges (to allow cases to proceed) and ultimately by juries or judges (at trial), based on specific legal standards like "beyond a reasonable doubt" (criminal) or "preponderance of evidence" (civil), with prosecutors deciding if they have enough evidence to file charges in the first place. Law enforcement gathers evidence, but the courts decide if it meets the legal threshold for conviction, ensuring fairness and preventing weak cases from going forward.
 

What is the difference between a necessary cause and a sufficient cause?

A sufficient condition guarantees the truth of another condition, but is not necessary for that other condition to happen. A necessary condition is required for something else to happen, but it does not guarantee that the something else happens.

How to prove something is necessary and sufficient?

A condition A is "necessary" for a result B if B is true ONLY if A is true; that is, A HAS TO be true in order for B to be true. We say that B implies A, or "B only if A". A condition A is "sufficient" for a result B if B is true WHENEVER A is true; that is, A is ENOUGH to force B to be true.

What is an example of a sufficient reason?

Thus, for example, I can be sitting, lying down, or standing: all these states are equally possible. Yet if I am standing, there must be a sufficient reason for me to be standing, rather than sitting or lying down.

What happens if the plaintiff fails to appear in civil court?

The judge most likely will dismiss the plaintiff's case. If you responded to the plaintiff's claim with one of your own, the judge will probably decide your claim without the plaintiff being present. Now, for the bad news. Even if the court dismisses the plaintiff's case, there's a chance it will resurface.

What is sufficient cause for setting aside ex parte decree?

Sufficient cause: When the court finds sufficient grounds for the non-appearance of the defendant, the court will set aside the ex parte decree. The term 'sufficient cause' is not defined in the code.

What are the grounds for a suit under section 9 CPC?

You can file a civil suit under Section 9 CPC when your legal right is infringed, involving matters such as property disputes, breach of contract, money recovery, or succession issues.