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In a civil suit open to appeal, the defendant appears on the hearing date but the plaintiff does not.…

Order XLIII rule 1(c) allows an appeal from the refusal to set aside a dismissal under Order IX rule 9 in a case open to appeal. Section 115(2) bars revision of an…

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In a civil suit open to appeal, the defendant appears on the hearing date but the plaintiff does not. The court dismisses the suit for default under Order IX rule 8 of the Code of Civil Procedure, 1908. It then rejects the plaintiff’s application under Order IX rule 9. What remedy lies against the rejection?

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Answer and explanation

Correct answer A

Order XLIII rule 1(c) allows an appeal from the refusal to set aside a dismissal under Order IX rule 9 in a case open to appeal.

Section 115(2) bars revision of an appealable order, and Order IX rule 9 bars a fresh suit on the same cause of action.

Option feedback

Option A

Order XLIII rule 1(c) makes this rejection appealable in a case open to appeal.

Option B

The right of appeal rules out revision as the sole remedy.

Option C

Section 115(2) bars revision against an order from which an appeal lies.

Option D

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

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