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 1[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. 1. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1-2-1977).
Chapter ORDER IX — Appearance of Parties and Consequence of Non-appearance
Section Order IX Rule 4
Plaintiff may bring fresh suit or Court may restore suit to file
Printed from Law on Tips • The Code of Civil Procedure, 1908