Site navigation

Subject to limitation and any independent substantive bar, which of the following procedural disposals do NOT by themselves bar a fresh suit on the same cause of action under the Code of Civil…

Question and options

Subject to limitation and any independent substantive bar, which of the following procedural disposals do NOT by themselves bar a fresh suit on the same cause of action under the Code of Civil Procedure, 1908?
I. The earlier plaint was rejected under Order VII rule 11.
II. The earlier suit was dismissed for failure to take the prescribed steps for service on the defendant.
III. The earlier suit was dismissed because neither party appeared when it was called for hearing.

  1. I only

  2. I and II only

  3. II and III only

  4. I, II and III

Answer and explanation

Correct answer: D - I, II and III

All three listed procedural disposals (I, II and III) permit a fresh suit subject to limitation. Order VII rule 13 provides that rejection of a plaint does not of itself preclude presentation of a fresh plaint on the same cause of action, and Order IX rules 4 and 5(2) likewise permit fresh suits after the specified service-default or mutual non-appearance dismissals. This differs from dismissal under Order IX rule 8, where rule 9 bars a fresh suit on the same cause of action.

Practice for these exams

Related question papers

Related exam syllabi

More solved explanations in CPC.06 Appearance, ex parte proceedings, discovery, admissions & documents