Article 74 — Effect of dismissal

(1) Where a suit is whony or partly dismissed under Art. 73, or an appeal is dismissed under Art. 69 (2), 70 (d) or 73 the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. (2) Nothing in sub-art. (1) shall prevent. the plaintiff from applying for an order to set the dismissal aside within one month of such diSfl1i~l, and if he satisfies tlr court that there was sufficient cause for his non-appearance. the court shall make an order set- ting aside the digni~1 upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for procceeding with the suit. (3) No order shall be made under sub-art. (2) unless notice of the application has been served on the opposite party.