Dismiss in Default a Boon under Civil Suit Proceedings

Once the suit gets dismissed for default the remedy plaintiff has is to file a restoration application of the suit for setting aside dismissal under Order 9 Rule 9, showing sufficient cause for his previous non-appearance when the suit was called on for hearing. Apart from this he can also file an appeal under Section 104 read with Order 43 Rule 1(c) of CPC. On certain occasions an interesting situation arises if this restoration application also gets dismissed for default meaning that applicant/plaintiff remained absent when the application under O. 9 R. 9 was called on for hearing, then what is the remedy available with the applicant petitioner/plaintiff. Through the present article author tried to discuss the remedies applicant/plaintiff have in such a situation.