Short answer. If your case required conciliation and there is no showing you complied, the court will dismiss it — but only without prejudice. You are not barred from suing again; the case may be revived once the conciliation requirement has actually been complied with.
What the law says
Cases requiring referral for conciliation, where there is no showing of compliance with such requirement, shall be dismissed without prejudice, and may be revived only after that requirement shall have been complied with.
Rule 70, Section 12 — Referral for conciliation. Read the full provision →
Not every ejectment case needs conciliation first
The rule applies specifically to cases requiring referral for conciliation. Whether a particular ejectment case falls into that category depends on factors outside this rule itself, such as who the parties are and where they reside relative to each other. Where conciliation is not required in the first place, this dismissal rule simply does not come into play, and the case proceeds without needing any conciliation step.
The consequence is dismissal, not automatic loss of the case
Where conciliation was required and there is no showing of compliance, the court dismisses the case — but the dismissal is expressly without prejudice. That distinguishes it from a dismissal that finally disposes of the claim. The plaintiff has not lost the underlying right to eject; the case has simply been filed before the required step was completed, and the court is not passing judgment on the merits of the ejectment claim itself.
Revival requires actually completing the requirement
A dismissed case "may be revived only after that requirement shall have been complied with." Filing the case again is not enough on its own — the conciliation process itself has to be gone through first. Only once that has actually happened does the rule allow the case to be revived and proceed, so a party in a hurry gains nothing by refiling before conciliation is complete.
Why it matters to check this before filing
Because the fix is straightforward — complete the required conciliation, then refile or revive the case — a dismissal on this ground is usually a delay rather than a permanent loss. Still, that delay has real costs in a case where speed matters, so anyone contemplating an ejectment suit should confirm whether their situation calls for conciliation before going to court, rather than finding out only after the case has already been dismissed and time has been lost.
This rule binds the plaintiff who filed without the required referral; it does not depend on the defendant raising the point first, since the dismissal follows once there is no showing of compliance on the record before the court.