# Suit dismissed for default? Thirty days to restore. > After a dismissal under Order IX Rule 8 CPC, the plaintiff cannot file a fresh suit on the same cause. He can apply to set the dismissal aside on sufficient cause, with notice to the other side (O.IX R.9), within thirty days of the dismissal (Limitation Act Art.163), and section 5 applies (R.9(3)). - Topic: Courts and procedure - For: Advocates - A 12-slide carousel: https://failegal.site/media/suit-dismissed-for-default-thirty-days-to-restore - Published by FAI Legal on 2026-10-19 ## Quick quiz. Fresh suit? Guess first, then swipe for the answer. - **A. Yes** - **B. No, he must apply to restore** - **C. Only with leave of court** ## Answer: B. Rule 9(1). The rule in the law. > "Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance ... the Court shall make an order setting aside the dismissal ..." (Code of Civil Procedure, 1908 · Order IX Rule 9(1)) ## Which rule? Order IX, CPC. - **Rules 3 and 4** Neither side appears: dismissed. Fresh suit (subject to limitation) or restoration. - **Rule 8** Only the defendant appears: dismissed, unless he admits the claim. - **Rule 9** After rule 8: no fresh suit. Restoration only. ## The clock. Limitation and notice. - **Article 163** Thirty days from the date of the dismissal. - **Section 5** Applies to rule 9 applications (O.IX R.9(3)). - **Notice** No order without notice to the opposite party (R.9(2)). ## Myth or fact? The in time trap. - **Myth: Filed within thirty days, so restoration is automatic.** - **Fact: "Some important business" is vague and is not sufficient cause. Restoration refused (PLD 2021 SC 761).** ## Filed late? 2025 SCMR 2092, Supreme Court. - **The facts** Restoration filed after thirty days, with a s.5 application explaining the delay. - **The holding** The trial court accepted both. The revisional court should not have reversed that discretion. - **Result** The trial court's order was restored. ## Reasons on record. 2022 MLD 831, Islamabad High Court. - **The test** The court must apply the sufficient cause test. - **Write it** And record why the absence was excusable. - **Result** A restoration with no reasons was set aside and remanded. ## Suit or application? 2019 PLD 723, Lahore High Court. - **A suit** Restoration of a suit: Article 163, thirty days. - **An application** A miscellaneous application dismissed in default: Article 181, three years. ## Do it right. Three steps, in this order. - **In time** Within thirty days, or with a s.5 application. - **Specific** A real cause for the absence, with notice served. - **Comply** Restored on costs? Pay them (PLD 2021 SC 761). ## Suit dismissed? Ask FAI in your own words. It answers with the exact rule and the judgments behind it. - **My suit was dismissed for non-prosecution 40 days ago. Can it still be restored?** - **Draft an application under Order IX Rule 9 CPC with a section 5 application.** ## Sources - Code of Civil Procedure, 1908 · Order IX Rule 9(1): Decree against plaintiff by default bars fresh suit --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.