Plaintiff may bring fresh suit or Court may restore suit to file
Appearance of parties and consequence of non-appearance, in the First Schedule to 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.
1. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order IX Rule 4 CPC and Order 9 Rule 4 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 9 Rule 4 CPC, Order IX Rule 4 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.