A Plaintiff's Pathway to Reinstating a Dismissed Suit.Order IX, Rule 9A of the Code of Civil Procedure, 1908..pdf

This paper examines Order IX, Rule 9A of the Code of Civil Procedure, 1908. It analyzes how this 2006 amendment in Bangladesh provides a non-evidentiary, expedited pathway for plaintiffs to set aside a suit's dismissal. The study contrasts this with the traditional Rule 9, highlighting a shift towards judicial efficiency. It concludes that while Rule 9A is a vital tool for practitioners, its "once only" provision and other prerequisites require careful attention to prevent procedural misuse.

1. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

Page
1

A Plaintiff's Pathway to Reinstating a Dismissed Suit:
Order IX, Rule 9A of the Code of Civil Procedure, 1908.
By- Nazmul Hasan
1


Today we'll discuss Order 9, Rule 9A of the Code of Civil Procedure, 1908, a crucial
provision for understanding the dismissal of a suit for non-appearance of the plaintiff.
This rule was added by an amendment in 2006 to help expedite the disposal of cases.
Understanding Rule 9A
Rule 9A provides a mechanism for a plaintiff to set aside an order of dismissal passed
under Rule 8 of the same Order. Previously, a plaintiff had to file a miscellaneous case
under Rule 9 and provide evidence to show a "sufficient cause" for their non-
appearance. However, this new rule provides a faster, more direct option.
Key Provisions of Rule 9A
 Application with Affidavit: A plaintiff must make an application to the
court, supported by an affidavit, to set aside the dismissal.
 Time Limit: This application must be made within thirty days from the date
the dismissal order was made.
 No Evidence Required: To avoid delay, the court can set aside the dismissal
directly without requiring the plaintiff to provide evidence about the "sufficient
causes" for their absence, which is a requirement under Rule 9.

1
Senior Assistant Judge, 11
th
Bangladesh Judicial Service (BJS)

2. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

Page
2

 Payment of Costs: The court will require the plaintiff to pay a cost, which
shall not exceed Taka one thousand. Although it's not explicitly stated in the
rule whether this cost is paid to the other party or deposited in the court, it is
understood that the cost may be paid to the defendant who appeared on the
date of dismissal.
 Limitation on Use: This rule can only be used to set aside a dismissal once.
This is a critical point; a second dismissal under Rule 8 cannot be set aside using
Rule 9A.
Procedure After the Order
Once the court sets aside the ex-parte dismissal under sub-rule (1) of Rule 9A, it must
serve a notice of this order to the defendant who appeared in the suit. The cost of
serving this notice must be borne by the plaintiff.
Plaintiff's Options
With the introduction of Rule 9A, a plaintiff now has two distinct options if their suit
is dismissed under Rule 8:
1. Application under Rule 9A: The plaintiff can apply to set aside the dismissal
within thirty days without needing to adduce evidence to explain the cause of
their non-appearance.
2. Regular Miscellaneous Case under Rule 9: The plaintiff can file a regular
miscellaneous case under Rule 9. This approach would require the plaintiff to
satisfy the court about the "sufficient cause" for their absence.

3. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

Page
3

In my professional opinion as a judge, Rule 9A is a pragmatic addition to the Code of
Civil Procedure. It strikes a balance between ensuring the plaintiff has an opportunity
to continue their case and preventing unnecessary delays in the judicial process. It is
a powerful tool, but its limitations—especially the "once only" provision—must be
carefully considered by any practitioner. Always remember to attach an affidavit to
your application; it's a procedural requirement that, if missed, can be fatal to your
client's case.

4. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

Page
4

About the Author
Nazmul Hasan
Senior Assistant Judge.
Professional Highlights
 Senior Assistant Judge / Senior Judicial Magistrate, 11
th
Bangladesh Judicial
Service (BJS)
 Merit Position: 7
th
in the 11
th
BJS

5. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS. (Prime Minister Gold Medalist)

Page
5

Academic Qualifications
 LL.B. (Hons.) – First Class First, University of Rajshahi
 LL.M. – First Class, University of Rajshahi
Honors & Achievements
 Prime Minister Gold Medalist – 2017
 Agrani Bank Gold Medalist for Academic Excellence – 2023

6. Prepared by-Nazmul Hasan, Senior Assistant Judge at 11
th
BJS.

Page
6