Order XXII Rule 9: Effect of dismissal

(1) When a suit is dismissed under rule 8, no fresh suit shall be brought on the same cause of action. (2) Any person claiming to be the legal representative of a deceased plaintiff or defendant or the assignee or the receiver in the case of an insolvent plaintiff may apply to the Court for setting aside any order made or judgment pronounced by it in his absence; and if it is proved that he was prevented by any sufficient cause from continuing the suit or defending the suit, as the case may be, the Court shall set aside the order or the judgment ,upon such terms as to costs or otherwise as it thinks fit.]. [(3) The provisions of section 5 of the Limitation Act, 1908, (IX of 1908) shall apply to applications under sub rule (2).].

Effective date: 1909-01-01

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