RESTORATION OF PLAINT

Querist : Anonymous (Querist) 23 February 2011 This query is : Resolved
Dear Experts,

In a motor vehicle claim case. the case was dismissed on default of claimant side i.e. claimant advocate didn't turn up on the fixed date of hearing for three time and also he did not deposit the adjournment cost imposed by the tribunal.

is this case can be restored by claimant again.??? please explain with relevant provision of law.

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Guest (Expert) 23 February 2011
motor claim case is governed by the provisions of C.P.C. Also limitation act will also apply.
the claimant can file a restore petition under order 9 rule 9 r/w section 151 of CPC

Querist : Anonymous (Querist) 23 February 2011
Thank's for reply sir!!
any others advice welcome!!!

Parveen Kr. Aggarwal (Expert) 24 February 2011
If at the time of dismissal in default of the claim petition none was present on behalf of the respondent(s), the petitioner can file another claim petition on the same cause of action. But if at the time of such dismissal respondent(s) was(were) present either in person or through counsel, the petitioner can only get the petition restored and another claim petition cannot be filed.

Querist : Anonymous (Querist) 24 February 2011
@Parveen Kr. Aggarwal
Really!! thank''s for reply sir!!
any others advice welcome!!!

Amit Minocha (Expert) 24 February 2011
it can be restored and it is further possible that another cost would be imposed at the time of restoration

Advocate Bhartesh goyal (Expert) 24 February 2011
File a restorarion application u/order 9 rule 9 r/w sec 151 of C.P.C.Petition will be restored.

G. ARAVINTHAN (Expert) 24 February 2011
case can be restored along with an application to condone the delay if any

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