Multiple choice

Where the defendant appears and the plaintiff does not appear when the suit is called for hearing and where a part of the claim is admitted, the court shall

  1. dismiss the whole suit

  2. dismiss the suit so far as it relates to the remainder

  3. pass the decree of the whole claim

  4. proceed ex-parte (proceedings) against the defendant
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B Correct answer
Explanation

Option (1) is incorrect: The court shall not dismiss the whole suit.

Option (2) is correct: Under Order IX, Rule 8 of the CPC, 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 and where part only of the claim has been admitted, the court then shall dismiss the suit so far as it relates to the remainder.

Option (3) is incorrect: The court shall not pass the decree of the whole claim. Option (4) is incorrect: The court shall not proceed ex-parte (proceedings) against defendant.

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