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THE FIRST SCHEDULE · ORDER IX Appearance of parties and consequence of non-appearance

Order IX Rule 4: Plaintiff may bring fresh suit or Court may restore suit to file

The Code of Civil Procedure, 1908

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 1[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.

Footnotes in the official text

  1. 1.Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977).

Questions on this rule

1 question in 9 of our papers cite Order IX Rule 4.

Practise questions on Civil Procedure Code