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Civil Procedure | Updated 2026

Affidavit for Restoration of Dismissed Suit under Order IX Rule 9 CPC

Sample affidavit and practical filing guide for a plaintiff seeking restoration of a suit dismissed for default under Order IX Rule 8 of the Code of Civil Procedure, 1908.

Last reviewed: 30 August 2026

Important: Order IX Rule 9 applies where a suit has been dismissed under Order IX Rule 8 because the plaintiff did not appear when the defendant appeared. The facts and court practice vary, so adapt the draft to the actual dismissal order and local rules.
On this page
  1. What Order IX Rule 9 CPC provides
  2. Limitation and delay
  3. Updated affidavit format
  4. Documents normally filed
  5. Official legal links

Order IX Rule 9 CPC: restoration after dismissal for default

Where a suit is dismissed under Order IX Rule 8, the plaintiff is barred from bringing a fresh suit on the same cause of action. The plaintiff may, however, apply to set aside the dismissal. If the Court is satisfied that there was sufficient cause for the plaintiff's non-appearance when the suit was called for hearing, the Court may set aside the dismissal on appropriate terms and restore the suit.

Notice of the restoration application must be served on the opposite party before an order under Order IX Rule 9 is made.

Current Supreme Court guidance: In Akshay Dutt & Ors. v. M/s Eden Buildcon Limited & Ors., order dated 17 December 2024, the Supreme Court restored a suit after holding that the High Court ought not to have interfered with the trial court's discretionary order restoring it. The Court also expected the plaintiffs to remain diligent after restoration.

A 2025 Supreme Court judgment also reiterated the distinction between dismissals under Order IX Rules 2/3 and Rule 8: after a Rule 8 dismissal, Order IX Rule 9 is the remedy for restoration and a fresh suit on the same cause of action is barred.

Limitation for a restoration application

Article 122 of the Schedule to the Limitation Act, 1963 ordinarily prescribes 30 days from the date of dismissal for an application to restore a suit, appeal or application dismissed for default of appearance or for want of prosecution.

If the restoration application is filed after the prescribed period, an application under Section 5 of the Limitation Act should ordinarily accompany it, explaining the delay and showing sufficient cause. The precise computation of limitation may depend on the facts and any applicable exclusion provisions.

Sample affidavit for restoration of suit under Order IX Rule 9 CPC

This sample is drafted for the plaintiff/applicant seeking restoration. Replace every bracketed field and modify the grounds so that they accurately reflect the dismissal order and the real reason for non-appearance.

IN THE COURT OF [NAME/DESIGNATION OF COURT] AT [PLACE]

RESTORATION APPLICATION / I.A. NO. ____ OF 20__

IN

CIVIL SUIT / O.S. NO. ____ OF 20__

IN THE MATTER OF:

[NAME OF PLAINTIFF]
...Applicant/Plaintiff

VERSUS

[NAME OF DEFENDANT]
...Respondent/Defendant

AFFIDAVIT

I, [name], aged about ____ years, son/daughter/wife of [name], residing at [full address], do hereby solemnly affirm and state as follows:

1. I am the Applicant/Plaintiff in the accompanying application for restoration and am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.

2. I had instituted the above suit seeking [briefly state the principal relief]. The suit was pending before this Hon'ble Court and was listed on [date].

3. On [date of dismissal], the suit came to be dismissed for default/non-appearance under Order IX Rule 8 CPC.

4. My non-appearance on the said date was neither intentional nor deliberate. I could not appear because [state the true, specific and complete reason: illness, mistaken noting of date, unavoidable circumstance, communication failure, etc.].

5. Immediately upon learning of the dismissal, I took steps to obtain the necessary information/copy of the order and to file the accompanying restoration application. There has been no wilful negligence or intention to abandon the proceedings.

6. I have been diligently prosecuting the suit and have a bona fide interest in having the dispute decided on its merits. Refusal to restore the suit would cause serious prejudice to me, whereas restoration would permit adjudication after giving both sides an opportunity of hearing.

7. The circumstances stated above constitute sufficient cause for my non-appearance when the suit was called for hearing.

8. The application is within limitation. [If delayed, replace this sentence with: "There is a delay of ____ days, for which a separate application under Section 5 of the Limitation Act, 1963 has been filed setting out sufficient cause for condonation."]

9. It is therefore just and proper that the order dated [date] dismissing the suit for default be set aside and Civil Suit/O.S. No. ____ of 20__ be restored to its original file and number, subject to such terms as this Hon'ble Court may deem fit.

DEPONENT

VERIFICATION

I, [name of deponent], the above-named deponent, verify that the contents of paragraphs 1 to ____ are true and correct to my personal knowledge and/or based on records believed by me to be true, and that nothing material has been concealed.

Verified at [place] on this ____ day of __________, 20__.

DEPONENT

Drafting tip: Avoid generic statements such as "due to unavoidable circumstances." Courts usually expect a specific explanation supported, where possible, by material such as medical records, travel records, counsel's diary, communication records or other contemporaneous documents.

Documents normally filed with the restoration application

Document Purpose
Restoration application under Order IX Rule 9 CPC Seeks setting aside of the dismissal and restoration of the suit.
Supporting affidavit Verifies the facts constituting sufficient cause.
Copy of dismissal order Identifies the order sought to be set aside.
Proof supporting non-appearance Supports the explanation for absence, where available.
Section 5 Limitation Act application Required where the restoration request is beyond limitation, subject to applicable law and court practice.

Practical points before filing

  • Read the dismissal order carefully to confirm that Order IX Rule 9 is the correct procedural remedy.
  • State the exact date of dismissal and calculate limitation from that date.
  • Explain the absence candidly, specifically and chronologically.
  • Attach supporting material wherever available.
  • Check the concerned court's civil rules, filing requirements, affidavit format, court-fee requirements and e-filing practice.
  • After restoration, prosecute the suit diligently and comply promptly with all directions.

Frequently asked questions

Can a fresh suit be filed after dismissal under Order IX Rule 8?

Ordinarily no, not on the same cause of action. Order IX Rule 9 specifically provides the restoration remedy where a suit has been dismissed under Rule 8.

What must the plaintiff show for restoration?

The plaintiff must satisfy the Court that there was sufficient cause for non-appearance when the suit was called for hearing. The assessment is fact-specific.

Is notice to the defendant necessary?

Yes. Order IX Rule 9(2) provides that no order under the rule shall be made unless notice of the application has been served on the opposite party.

What if the restoration application is late?

A delayed application should ordinarily be accompanied by a request for condonation of delay under Section 5 of the Limitation Act, 1963, supported by an explanation showing sufficient cause.

Disclaimer: This page provides a general specimen for legal drafting and educational use. The correct remedy, limitation, wording and supporting documents depend on the dismissal order, facts, local amendments and the rules of the court concerned. Obtain professional legal advice where necessary.