Bombay High Court Dismisses Revision Against Maintainability of Second Eviction Suit — Order 9 Rule 9 CPC Bar Not Attracted When Earlier Suit Dismissed Under Order 9 Rule 3 CPC for Non-Appearance of Both Parties. The court held that a second suit on the same cause of action is not barred when the earlier suit was dismissed under Order 9 Rule 3 (neither party appearing) rather than Order 9 Rule 8 (plaintiff absent, defendant present).
2 Dec 2010The case involves a civil revision application filed by Ronnie Lawrence Fernandes (applicant) against Smt. Hoshbanoo Aspi Irani and another (responden...
