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Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure

Where neither party appears, Order IX rule 3 permits dismissal. Rule 4 expressly permits either a fresh suit, subject to limitation, or an application to set the dismissal…

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Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure

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Where neither party appears, Order IX rule 3 permits dismissal. Rule 4 expressly permits either a fresh suit, subject to limitation, or an application to set the dismissal aside on sufficient cause. The fresh-suit bar in rule 9 applies to dismissal under rule 8, a different situation.

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