After the dismissal of a suit due to the plaintiff’s non-appearance, the plaintiff can submit an application to have the dismissal order set aside.
If the court is convinced that there is a valid and sufficient reason for the non-appearance, it can revoke the dismissal order and schedule a new date for the proceedings.
When assessing the sufficient cause for the plaintiff’s non-appearance, the crucial factor is whether the plaintiff genuinely made an effort to appear on the designated hearing date. If the plaintiff demonstrates sufficient cause for their non-appearance, it becomes obligatory for the court to reopen the suit.
However, in the absence of sufficient cause, it is at the discretion of the court to determine whether to set aside the dismissal or not, as established in the case of P.K.P.R.M. Raman Chettyar v. K.A.P. Arunachalam Chettyar.
The assessment of sufficient cause depends on the specific facts and circumstances of each case.
In the case of Chhotalal v. Ambala Hargovan, the Bombay High Court noted that if a party arrives late and finds their suit dismissed due to non-appearance, they have the right to have their suit or application restored upon payment of costs.