Where the suit is dismissed under rule 2 or 3 of order 9 C P C the plaintiff ........

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

Download Solution PDF

Where the suit is dismissed under rule 2 or 3 of order 9 C.P.C. the plaintiff?

May bring a fresh suit subject to Law of Limitation

Cannot bring a fresh suit

May bring a fresh suit with the leave of High Court

May bring a fresh suit with the leave of District Judge

छोटे Courses बड़े Results

Master Appearance and Non Appearance of Parties

Prepare through Micro-courses

Try Now

Explanation:

Order 9 Rule 4 –
ORDER IX Appearance of Parties and Consequence of Non-appearance
4. Plaintiff may bring fresh suit or Court may restore suit to file.—Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 4 [such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.