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:

  1. Ravi could file a fresh suit against Suresh, provided it was within the limitation period prescribed by law.
  2. 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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