Order IX Rule 4: Plaintiff may bring fresh suit or Court may restore suit to file
The Code of Civil Procedure · Code of Civil Procedure · Order IX · in_force
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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 his not paying the court fee and postal charges (if any) required within the time fixed before the issue of the summons, 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.
Effective date: 1909-01-01
Related sections
Order IX Rule 3: Where neither party appears, suit to be dismissedOrder IX Rule 5: Dismissal of suit where plaintiff, after summons returned unserved, fails for threeOrder IX Rule 2: Dismissal of suit where summons not served in consequence of plaintiff’s failure to payOrder IX Rule 6: Procedure when only plaintiff appearsOrder IX Rule 14: No decree to be set aside without notice to opposite partyOrder IX Rule 7: Procedure where defendant appears on day of adjourned hearing and assigns good
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