M.P Civil Jugde Pre Exam 1998

Where the suit is dismissed under rule 2 or 3 of order 9 C.P.C., the plaintiff?

Verified Answer
A. May bring a fresh suit subject to Law of Limitation
B. Cannot bring a fresh suit
C. May bring a fresh suit with the leave of High Court
D. May bring a fresh suit with the leave of District Judge

Explanation:

Order IX Rule 4 of the CPC states that 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.