Question

In which of the following situation plaintiff is precluded from bringing a fresh suit as per the Code of Civil Procedure, 1908?

• A. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
• B. Dismissal of suit because neither party appeared.
• C. Dismissal of suit because plaintiff did not appear.
• D. Dismissal of suit because plaintiff did not apply for fresh summons within given time limit once it returned unserved.

Answer 1

The Correct Option is C

Under the CPC, if a suit is dismissed because the plaintiff does not appear, the plaintiff is generally precluded from bringing a fresh suit on the same cause of action unless the court permits restoration.