Decree against plaintiff by default bars fresh suit
Appearance of parties and consequence of non-appearance, in the First Schedule to The Code of Civil Procedure, 1908
(1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
(2) No order shall be made under this rule unless notice of the application has been served on the opposite party.
How this Rule is cited
It is written both ways, and both mean this Rule: Order IX Rule 9 CPC and Order 9 Rule 9 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 9 Rule 9 CPC, Order IX Rule 9 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.