Code of Civil Procedure, 1908–Order 9, Rule 4 & Order 9, Rule 9–Distinction between the provisions–If the suit is dismissed under the provisions of Order 9, Rules 2 or 3, the remedy lies under Order 9, Rule 4–In case of dismissal of application under Order 9, Rule 4, the plaintiff either brings a fresh suit on the same cause of action or he may apply for setting aside the order of dismissal and for restoration of suit–Whereas, if the suit is dismissed under Rule 8 of the Order 9, the plaintiff cannot bring a fresh suit on the same cause of action–The only remedy available to him is to move an application for setting aside the order of dismissal and for restoration of suit.
