DHANI BUX versus ALI SHER
O IX, Rr 9 & 8 Where the plaintiff is absent and the defendant is present only when the case is called for hearing, the dismissal will take place unless the defendant asserts the claim or part thereof. In which an order is to be approved. Such admission under O IX, R 9, CPC where O IX, R 8, CPC is wholly or partially excluded from the CPC, excluding the plaintiff from bringing a fresh suit in connection with the cause of action. But he may apply for an order to remove the dismissal, in which case the court may do so when the plaintiff's absence is presented for good cause, when the case was called for in the present case. In this case, the confession was filed for the same reason. Acting as an existing suit, but the fact that both suits were based on a consistent cause of action in the present case, the current suit, O IX, R 9, was not prohibited under CPC.
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