Rule 4 of CPC : Rule 4: Plaintiff may bring fresh suit or Court may restore suit to file.
CPC
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Explanation using Example
Example 1:
Ravi filed a civil suit against his neighbor, Suresh, for encroaching on his property. The court scheduled a hearing, but Ravi failed to appear on the appointed day. Consequently, the court dismissed the suit under Rule 2 of Order IX. Ravi later realized his mistake and wanted to pursue the case again. He had two options:
- Ravi could file a fresh suit against Suresh, provided it was within the limitation period prescribed by law.
- Alternatively, Ravi could apply to the court to set aside the dismissal. He explained to the court that he missed the hearing due to a medical emergency. The c...
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