Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with suit.

No order shall be made under this rule unless notice of the application has been served on the opposite party.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Calcutta].-Re-number sub-rule (2) as sub-rule (3) and insert therein after the words "notice of the application" the words "with a copy thereof (or concise statement as the case maybe)". Insert the following as sub-rule (2) before sub-rule (3) as so re-numbered: "The plaintiff shall, for service on the opposite parties, present along with his application under this rule either (i) as many copies thereof on plain paper as there are opposite parties, or (ii) if the Court by reason of the length of the application or the number of opposite parties or for any other sufficient reason grants permission in this behalf, a like number of concise statements." [Delhi].-Same as that of Punjab. [Gujarat].-Same as that of Madras-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-The following shall be added as sub-rule (3): "(3) The provisions of section 5 of the Indian Limitation Act, 1908, shall apply to applications under this rule." [Punjab].-To rule 9(1), the following proviso shall be added: "Provided that the plaintiff shall not be precluded from bringing another suit for redemption of a mortgage, although a former suit may have been dismissed for default." (ii) Add as sub-rule (3) the following: "(3) The provisions of section 5 of the Indian Limitation Act, 1908, shall apply to applications under sub-rule (1)."

Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with suit.

No order shall be made under this rule unless notice of the application has been served on the opposite party.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Assam].-Same as that of Calcutta. [Calcutta].-Re-number sub-rule (2) as sub-rule (3) and insert therein after the words "notice of the application" the words "with a copy thereof (or concise statement as the case maybe)". Insert the following as sub-rule (2) before sub-rule (3) as so re-numbered: "The plaintiff shall, for service on the opposite parties, present along with his application under this rule either (i) as many copies thereof on plain paper as there are opposite parties, or (ii) if the Court by reason of the length of the application or the number of opposite parties or for any other sufficient reason grants permission in this behalf, a like number of concise statements." [Delhi].-Same as that of Punjab. [Gujarat].-Same as that of Madras-(17-8-1961). [Himachal Pradesh].-Same as that of Punjab. [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-The following shall be added as sub-rule (3): "(3) The provisions of section 5 of the Indian Limitation Act, 1908, shall apply to applications under this rule." [Punjab].-To rule 9(1), the following proviso shall be added: "Provided that the plaintiff shall not be precluded from bringing another suit for redemption of a mortgage, although a former suit may have been dismissed for default." (ii) Add as sub-rule (3) the following: "(3) The provisions of section 5 of the Indian Limitation Act, 1908, shall apply to applications under sub-rule (1)."