The circumstances in which the suit may be dismissed are governed by the provisions of Order IX rr, 2, 3, 5 and 8 of the Civil Procedure Act; and these are:
i). Where summon s has not been served upon the defendant due to Plaintiff’s failure to pay money required for service of summons. See Order IX. r.2
ii). Where neither party appear when the suit is called on for hearing. See Order IX r.3;
iii). Where summons required to be served on the defendant is returned and the Plaintiff fails for three months to apply for fresh summons. See Order. IX r. 5(1)
iv). Where the defendant only appears and the Plaintiff does not appear when the suit is called on for hearing.
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