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If due to default of the plaintiff, a suit has been completely or partially dismissed, then the plaintiff could:
Question

If due to default of the plaintiff, a suit has been completely or partially dismissed, then the plaintiff could:

A.

Not file a new suit in respect of the dismissed claim or its part.

B.

File a new suit in respect of the dismissed claim or its part.

C.

File a new suit in respect of the partially dismissed claim.

D.

File a new suit in respect of the completely dismissed claim.

Correct option is A


As per Order IX Rule 9 of CPC, if a suit is dismissed due to the plaintiff's default, the plaintiff is barred from filing a new suit on the same cause of action for the dismissed claim or its part. However, they may apply for restoration of the suit. Therefore, the plaintiff cannot file a new suit for the dismissed claim.

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