dismissal
barun deka
(Querist) 23 June 2010
This query is : Resolved
calling upon all friends in lawyers club conversant with CPC for an answer based on precedents and ratios-
when a suit is dismissed for non-appearance of the plaintiff under order 9 rule 3 of the cpc, the plaintiff may either file a restoration under order 9 rule 4 or he may file a fresh sui.
now if he opts to file a restoration petition and the same gets dismissed/rejected, can he after such rejection resort to the other alternative of filing fresh suit?
i would highly appreciate if friends can look up and offer me the right position of law and also a decision
Adv.Aiyer VLV
(Expert) 23 June 2010
yes.
rejection does not becomes res judicata
