Rule 2 of CPC : Rule 2: Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.

Explanation using Example

Example 1:

Scenario: Ramesh files a civil suit against Suresh for recovery of a loan amounting to ₹1,00,000. The court fixes a date for the hearing and instructs Ramesh to pay the necessary court fees and postal charges for serving the summons to Suresh.

Situation: Ramesh fails to pay the required court fees and postal charges, and as a result, the summons is not served to Suresh.

Outcome: On the day of the hearing, the court finds that the summons has not been served due to Ramesh's failure to pay the necessary charges. The court decides to dismiss the suit under Rule 2 of Order IX of The Code of Civil Procedure, 1908.

Exception: If Suresh, despite not receiving the summons, appears in court either in person or through an authorized agent on the scheduled date, the court will not dismiss the suit.

Example 2:

Scenario: Priya files a lawsuit against her neighbor, Anil, for encroachment on her property. The court sets a date for the first hearing and instructs Priya to submit copies of the plaint and pay the required court fees for serving the summons to Anil.

Situation: Priya fails to submit the copies of the plaint as required by Rule 9 of Order VII and does not pay the court fees. Consequently, the summons is not served to Anil.

Outcome: On the scheduled hearing date, the court discovers that the summons has not been served due to Priya's failure to comply with the requirements. The court decides to dismiss the suit under Rule 2 of Order IX of The Code of Civil Procedure, 1908.

Exception: If Anil, despite not receiving the summons, appears in court either in person or through an authorized agent on the scheduled date, the court will not dismiss the suit.