Rules 2-5 of Order IX govern situations where the defendant is not served the summons. It is crucial for parties to have a fair opportunity to present their case, requiring mandatory service of summons.
If no service or insufficient time occurs, a decree cannot be passed, as in Begum Para v. Luiza Matilda Fernandes. Rule 2 also states that if the plaintiff fails to pay service costs, the suit may be dismissed.
However, if the defendant appears on the hearing day, dismissal is prevented. The plaintiff can file a fresh suit, and if there’s a valid reason for non-payment, the dismissal may be set aside.
Unsuccessful summons return allows dismissal after seven days. The court may issue a fresh summons if improper service is unproven. If the summons’ time is inadequate, the court can postpone the hearing, notifying the defendant.