After dismissal of suit under Order 9 Rule 8 of CPC a fresh suit on the same cause of action under O...........

Civil Procedure Code (CPC) 1908 Appearance and Non Appearance of Parties

After dismissal of suit under Order 9, Rule 8 of CPC, a fresh suit on the same cause of action, under Order 9 Rule 9 of CPC

Is barred

Is not barred under any circumstances

Is not barred subject to law of limitation

None Of the above

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Explanation:

Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action, But he may apply for an. Order to set the dismissal aside, and if he satisfies the court that there was sufficient . cause for his non appearance when the suit was called on for hearing, . the court shall make an Order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. (Order IX Rule 9, GQ