AIBE XVIII — December 2023 — Q.57 (Code of Civil Procedure, 1908)

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Q.57

Code of Civil Procedure (CPC) Medium Act + Section Given

Bare Act Code of Civil Procedure, 1908 · Order IX Rule 8

In which situation is plaintiff precluded from bringing a fresh suit as per CPC?

A Dismissal where summons not served due to plaintiff's failure to pay costs

B Dismissal because neither party appeared

✓ Dismissal because plaintiff did not appear Answer

D Dismissal because plaintiff didn't apply for fresh summons within time limit

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Explanation & Strategy

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When the defendant shows up but the plaintiff doesn't, Order IX Rule 8 treats this as the plaintiff abandoning their case. The dismissal operates as a decision on merits (bar to fresh suit), unlike other non-appearance dismissals which allow refiling.

1 Pick up CPC.
2 Go to Order IX Rule 8.
3 Read: 'where defendant appears and plaintiff does not appear, Court shall dismiss the suit.'
4 This dismissal under Order IX Rule 8 bars a fresh suit (operates as res judicata).
5 Other dismissals (Rules 2, 3) allow fresh suits.

The text reads: Order IX Rule 8: If defendant appears but plaintiff doesn't, suit is dismissed. This dismissal bars a fresh suit.

At a Glance

Subject Code of Civil Procedure (CPC)

Difficulty Medium

Act Code of Civil Procedure, 1908

Section Order IX Rule 8

Answer (C) Act + Section Given

Paper AIBE XVIII — December 2023

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