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Restoration of Suit (Order IX Rule 9 CPC)

Jurisdictional & Appellate Practice Terms

Definition

A procedural remedy allowing a plaintiff whose suit was dismissed for default (because the plaintiff failed to appear when the case was called for hearing) to apply to the same court to have the dismissal set aside upon showing sufficient cause.

Example

A plaintiff's counsel was trapped in an elevator malfunction in the court complex when the case was called, causing the suit to be dismissed for default; the plaintiff moves an application under Order IX Rule 9 CPC for the restoration of the suit.