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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…

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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?

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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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