[Substituted by the Code of Civil Procedure (Amendment) act, 2002, Section 10, for rule 2 (w.e.f. 1.7.2002).] - Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, or failure to present copies of the plaint or concise statements, as required by rule 9 of order VII, the Court may make an order that the suit be dismissed : Provided that no such order shall be made, if, notwithstanding such failure the defendant attends in person (or by agent when he is allowed to appear by agent) on the day fixed for him to appear and answer.]

High Court Amendments-[Allahabad].-In rule 2, after the words, "for such service", insert "or that the plaintiff has failed to comply with the rules for filing the copy of the plaint for service on the defendant". [Orissa].-In rule 2 for the words "Court-fee or postal-charges", substitute the words and comma "Court-fee, postal or other charges".-(7-5-1954). [N.B.-These High Court Amendments relate to the provisions as existed before the 2002 Amendment Act.]

[Substituted by the Code of Civil Procedure (Amendment) act, 2002, Section 10, for rule 2 (w.e.f. 1.7.2002).] - Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee of postal charges (if any) chargeable for such service, or failure to present copies of the plaint or concise statements, as required by rule 9 of order VII, the Court may make an order that the suit be dismissed : Provided that no such order shall be made, if, notwithstanding such failure the defendant attends in person (or by agent when he is allowed to appear by agent) on the day fixed for him to appear and answer.]

High Court Amendments-[Allahabad].-In rule 2, after the words, "for such service", insert "or that the plaintiff has failed to comply with the rules for filing the copy of the plaint for service on the defendant". [Orissa].-In rule 2 for the words "Court-fee or postal-charges", substitute the words and comma "Court-fee, postal or other charges".-(7-5-1954). [N.B.-These High Court Amendments relate to the provisions as existed before the 2002 Amendment Act.]