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A civil suit is dismissed under Order IX rule 8 of the Code of Civil Procedure, 1908. What does Order…

Order IX rule 9(1) bars a fresh suit on the same cause of action after dismissal under rule 8. A plaintiff who shows sufficient cause for non-appearance may instead apply to…

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A civil suit is dismissed under Order IX rule 8 of the Code of Civil Procedure, 1908. What does Order IX rule 9 provide about a fresh suit on the same cause of action while the dismissal stands?

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Answer and explanation

Correct answer A

Order IX rule 9(1) bars a fresh suit on the same cause of action after dismissal under rule 8. A plaintiff who shows sufficient cause for non-appearance may instead apply to have the dismissal set aside, subject to the terms the court imposes.

Option feedback

Option A

Order IX rule 9 bars a fresh suit on the same cause while the dismissal stands.

Option B

Rule 9 expressly precludes such a fresh suit.

Option C

Filing within limitation cannot remove the separate rule 9 bar.

Option D

The remedy is to apply to set the dismissal aside on sufficient cause for non-appearance. Rule 9 does not provide leave to file a fresh suit on the same cause.

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