Mera Samvidhaan All of Code of Civil Procedure, 1908

Order IX · Appearance of parties and consequence of non-appearance

4Plaintiff may bring fresh suit or Court may restore suit to file.

Order 9, Rule 4

Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 2[such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.

2 Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977).

Order 9, Rule 4 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.