Rule 3 Where plaintiff does not appear or does not prove his claim

If a plaintiff does not proceed with his civil bill or does not appear at the hearing of an action or other proceedings, the action or other proceedings may be struck out or dismissed without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process.

Where a plaintiff appears at the hearing of an action or other proceeding but fails to establish his case to the satisfaction of [^f1 the judge or district judge as the case may be], [ the judge or district judge as the case may be] may dismiss the action or other proceeding either without prejudice to the plaintiff’s proceeding by a new civil bill or other originating process or on the merits as he thinks just.

Where, an action or other proceeding has been dismissed without prejudice and a subsequent action or other proceeding for the same or substantially the same cause of action is brought before payment of any costs payable under the dismiss, [ the judge or district judge as the case may be] may stay the subsequent action or other proceeding-until such costs have been paid.