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Where a suit abates or dismissed under Order 22 of CPC on the same cause of action:
New suit may institute with the consent of parties
With prior permission of the court fresh suit may file
No fresh suit shall be brought
If sufficient cause shown, then new suit may file
Order 22 Rule 9 – ORDER XXII Death, Marriage and Insolvency of Parties 9. Effect of abatement or dismissal.—(l) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.
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