Neither party appears and the court dismisses the suit for non-appearance. Which provision of the Code…
Rule 3 of Order IX permits dismissal when neither party appears. Under rule 4, the plaintiff may apply to set the dismissal aside and must show sufficient cause for the…
Choose your answer
Neither party appears and the court dismisses the suit for non-appearance. Which provision of the Code of Civil Procedure, 1908 allows the plaintiff to apply for restoration?
Answer and explanation
Correct answer C
Rule 3 of Order IX permits dismissal when neither party appears. Under rule 4, the plaintiff may apply to set the dismissal aside and must show sufficient cause for the non-appearance.
Option feedback
Option A
Rule 13 concerns an ex parte decree against a defendant.
Option B
Rule 9 concerns dismissal under rule 8 when only the defendant appears.
Option C
Rule 4 permits an application to set aside a dismissal under rule 3 when neither party appears.
Option D
Rule 7 concerns a defendant who appears at an adjourned hearing after an order to proceed ex parte.
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