What is the remedy if the case is dismissed as a result of the Plaintiffs’ absence when the case is called for hearing?

When the case is dismissed as a result of Plaintiffs’ absence when the case is called for hearing the Plaintiff may apply under Order IX Rule 9(1) of the Civil Procedure Act for an order to set the dismissal aside. 

Note: Where the suit is dismissed for Want of Prosecution the Plaintiff is precluded under Order IX Rule 9(1) of Civil Procedure Act to bring a fresh suit in respect of the same cause of action. Be it noted that Order IX Rule 9(2) application by Plaintiff for an order to set aside dismissal can not be granted unless the notice of such application has been served on the opposite party.