CPC Order 9 Appearance of Parties and Consequence of Non-Appearance

In which of the following rule, if a suit is dismissed, the plaintiff shall not be precluded from bringing a fresh suit in respect of same cause of action?

1
Rule 3 of Order IX 
2
Rule 9 of Order IX
3
Rule 21 of Order XI
4
Rule 9 of Order XXII

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