Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in rule 2, or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
Order IX Rule 1 CPC Parties to appear on day fixed in summons for defendant to appear and answer
Order IX Rule 3 CPC Where neither party appears suit to be dismissed
Order IX Rule 4 CPC Plaintiff may bring fresh suit or Court may restore suit to file