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Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in respect of same cause…

Under Order IX rule 9 CPC, where a suit is wholly or partly dismissed under rule 8 (plaintiff absent, defendant present), the plaintiff "shall be precluded from bringing a…

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Where a suit is dismissed under Rule 8 of Order 9 of the Civil Procedure Code in respect of same cause of action the plaintiff

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Under Order IX rule 9 CPC, where a suit is wholly or partly dismissed under rule 8 (plaintiff absent, defendant present), the plaintiff "shall be precluded from bringing a fresh suit" on the same cause of action. His remedy is to apply to have the dismissal set aside by showing sufficient cause for his non-appearance, so it is wrong to say he may not apply to set it aside, and no fresh suit lies, whether or not within limitation.

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