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KROTTAPALLI (Querist) 03 May 2015 This query is : Resolved
Dear Sir,

I am a defendant.Plaintiff filed under section 26 CPC prayed the court to pass a decree for a permanent injunction restraining me from interfering into the possession.

The order of the court was..No representation from both sides on conditional order & matter coming for trial from 2006 and plaintiff is not adducing their evidence.Hence suit is dismissed for default.

Please confirm the following..

1)Nine Years passed but no application from Plaintiff for restoration of suit. Is time barred for the Plaintiff to file a restoration suit ??What is the limitation period for filing an application for restoration? Can they file now for restoration?

2) Can i treat this Dismissed for default as a a favor judgement for me??What should i do to get a legal right? How to close all his options??

3) What should i do for Plaintiff to not to interfere in my property??

4) Can i lodge an FIR if he is disturbing me..

Please suggest.

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Sudhir Kumar, Advocate (Expert) 04 May 2015
1)Nine Years passed but no application from Plaintiff for restoration of suit. Is time barred for the Plaintiff to file a restoration suit ??

YES

What is the limitation period for filing an application for restoration?

ONE MONTH

Can they file now for restoration?

NO

2) Can i treat this Dismissed for default as a a favor judgement for me??

NO. IT IS NOT DECIDED ON MERITS.

What should i do to get a legal right?

YOUR QUERY IS VAGUE

How to close all his options??

YOUR QUERY IS VAGUE

3) What should i do for Plaintiff to not to interfere in my property??

YOUR QUERY IS VAGUE. NO FACTS ARE STATED

4) Can i lodge an FIR if he is disturbing me..

PRIMA-FACIE YOU CAN. A VIEW CAN BE FORMED ON PERUSAL OF ALL RELEVANT FACTS

Rajendra K Goyal (Expert) 04 May 2015
Agree with the advise of expert Sudhir Kumar.

KROTTAPALLI (Querist) 04 May 2015
Dear Sir,

Thanks for your valuable advice.

1)Which petition i have to file to get a decree of permanent injunction restraining the Plaintiff into my property and deciding the case once for all.
2) As time is barred now for plaintiff for restoration suit, will my filing a suit against him will give a room to Argue now..

Please suggest.

Sudhir Kumar, Advocate (Expert) 04 May 2015
what your lawyer says.

KROTTAPALLI (Querist) 04 May 2015
I am yet to approach sir..

ajay sethi (Expert) 05 May 2015
agree with sudhir kumar

T. Kalaiselvan, Advocate (Expert) 06 May 2015
The suit filed by the plaintiff was dismissed for default and the plaintiff showed no sign to restore the same till date, therefore he has no legal right in enforcing the relief he sought for. If you feel that he will be interfering in your property, you can file an injunction suit against him to restrain him from interfering in your peaceful possession and enjoyment of your property. Consult your lawyer and proceed.