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 [such failure as is referred to in rule 2] [ Inserted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72 (w.e.f. 1.2.1977).] , 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.
High Court Amendments-[Delhi].-Same as that of Gujarat. [Gujarat].-Re-number rule 4 as rule 4(1) and add the following as sub-rule (2) of rule 4: "(2) The provisions of section 5 of the Indian Limitation Act, 1908, shall apply to application under this rule."-(17-8-1961). [Himachal Pradesh].-Same as that of Gujarat. [Madhya Pradesh].-Same as that of Gujarat. [Orissa].-Add the following proviso: "Provided that in cases where the defendant had entered into contest by filing his defence, no suit shall be restored without notice to him."-(14-5-1984). [Punjab].-Same as that of Gujarat.