Multiple choice

Where the plaint has been rejected, the plaintiff on the same cause of action

  1. may present a fresh suit

  2. cannot present a fresh suit

  3. may present a fresh suit with the leave of the High court

  4. None of these
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A Correct answer
Explanation

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action. Option (2) is incorrect: After the rejection, a plaintiff can present a fresh suit. Option (3) is incorrect: A plaintiff does not require the leave of the High Court.

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