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A suit is dismissed under Order IX rule 8 of the Code of Civil Procedure, 1908 because the defendant…

Rule 9 permits restoration of a suit dismissed under rule 8 on sufficient cause for the plaintiff’s absence. Rule 4 governs different dismissals, including absence of both…

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A suit is dismissed under Order IX rule 8 of the Code of Civil Procedure, 1908 because the defendant appears but the plaintiff does not. Under which provision may the plaintiff apply to set aside that dismissal?

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Answer and explanation

Correct answer A

Rule 9 permits restoration of a suit dismissed under rule 8 on sufficient cause for the plaintiff’s absence. Rule 4 governs different dismissals, including absence of both parties; defendant attendance resolves the distinction.

See Order IX rules 3, 4, 8 and 9 of the Code of Civil Procedure, 1908.

Option feedback

Option A

Rule 9 governs dismissal under rule 8 on sufficient cause.

Option B

Rule 4 covers rules 2 or 3 dismissals, including absence of both parties.

Option C

Rule 13 concerns an ex parte decree against a defendant.

Option D

Rule 9 supplies the remedy.

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