The appearance and non-appearance of the CPC of the Civil Procedure Code Order IX results in O IX, R 8 & OXVII, R 2 when the parties or any of them fails to appear on this date for trial. When called upon, the court, unless it gives a proper order, must declare the provisions of the OIX, CPC, in the absence of the plaintiff and in the presence of the defendant when the trial is to take place. If called upon, the court must take action under OIX, R8, CPC.