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A court dismisses a suit under Order IX rule 8 of the Code of Civil Procedure, 1908. Under rule 9, what…

Order IX rule 9 bars a fresh suit on the same cause of action after a rule 8 dismissal. The plaintiff may instead apply to set aside the dismissal and must show sufficient…

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A court dismisses a suit under Order IX rule 8 of the Code of Civil Procedure, 1908. Under rule 9, what is the effect on a fresh suit by the plaintiff on the same cause of action?

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Answer and explanation

Correct answer A

Order IX rule 9 bars a fresh suit on the same cause of action after a rule 8 dismissal. The plaintiff may instead apply to set aside the dismissal and must show sufficient cause for nonappearance.

Option feedback

Option A

Order IX rule 9(1) bars a fresh suit on the same cause of action.

Option B

Rule 9(1) precludes a fresh suit on the same cause of action even though restoration may be sought.

Option C

Filing within a limitation period does not remove the express rule 9 bar.

Option D

The rule 9 bar follows a dismissal under rule 8 and does not depend on a decision on the merits.

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