In cases where neither the plaintiff nor the defendant appears before the court during the scheduled hearing of the suit, the court has the authority to dismiss the suit under Rule 3 of Order IX. However, such dismissal does not prevent the filing of a fresh suit based on the same cause of action, as stated in Rule 4.

Additionally, the plaintiff has the option to request the court to set aside the dismissal if they can demonstrate sufficient reasons for their non-appearance. If the court is convinced of the validity of the reasons provided, it may overturn the dismissal order and schedule a new hearing date for the suit.