Suit Dismissed in default
Chetan
(Querist) 22 September 2010
This query is : Resolved
That the suit for Recovery has been dismissed in default on 28/06/2010, whereas the advocate did not appear in it.
How to restore the present suit ?
Pls provide provision and citation
What is the limitation to restore the suit ?
Chanchal Nag Chowdhury
(Expert) 22 September 2010
The limitation is 30 days.U have to file an application for restoration of the suit. Check whether there is any ground for condonation of delay otherwise it is time barred & U cannot file another suit on the same cause of action.
Raj Kumar Makkad
(Expert) 22 September 2010
Why litigant also kept silence like his counsel for such a long time and what necessity came t raise this simple question in this site, if the litigant is already contesting the matter of recovery?
I think there is some other untold story. Anyway, now options are very limited. Move another application seeking condonation of delay under section 5 of Limitation Act mentioning therein reasons leading to delay (day to day) along-with application seeking restoration of the suit. If there are some arguable points and court finds force after seeking the reply of the other party, the desired results may come.
R.R. KRISHNAA
(Expert) 22 September 2010
File application under order 9 rule 9 of CPC for restoring the suit along with a condone delay application.
Best regards.,
G. ARAVINTHAN
(Expert) 23 September 2010
For restoration of suit you need to file an application to setaside the order of dismissed for default under Order IX Rule 9 of the Code of Civil Procedure.
since 30 days over, there will be delay and you need to file an application to condone the delay also under Section 5 of the Limitation Act
