Order 9 Rule 4:- Plaintiff may bring fresh suit or Court may restore suit to file.

  • May 19, 2021

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 [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.

 

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