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Restoration of Suit (Order IX Rule 9 CPC)

Civil Procedure & Litigation Mechanics

Definition

A statutory remedy enabling a plaintiff whose suit was dismissed for default to apply to the same court within 30 days to have the dismissal set aside by demonstrating sufficient cause for their non-appearance.

Example

A plaintiff establishes through train delay certificates from Indian Railways that their express train broke down for eight hours, preventing their arrival in court when the matter was called; the civil court restores the suit under Order IX Rule 9 CPC.