CPC 1908 § Order IX, Rule 9 — Decree against plaintiff by default bars fresh suit

Statutory text (English)

(1) Where a suit is wholly or partly
dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same
cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court
that there was sufficient cause for his non-appearance when the suit was called on for hearing, the
Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it
thinks fit, and shall appoint a day for proceeding with the suit.

(2) No order shall be made under this rule unless notice of the application has been served on
the opposite party.
1
(3) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to
applications under sub-rule

(1)].

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order IX, Rule 9 (APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 80, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

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Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 80) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment version…

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