record of the case not called by the ourt after the restoration order

Querist : Anonymous (Querist) 18 April 2011 This query is : Resolved
execution cases dismiussed in default by the court for non apparence of the party and his councel however the same restored by passing order on appliocation u/o 9rule 9. but the court failed to call the record.On enquiry the clerk searched for the record but the same was not found, and even in the record room the record was not traceable. Now the fact is even after the search the record is not found and the matters are not restored. I want to file an application for calling the record and issue notice against the opposite party but since there is no case existing in the court court is not willing to accept my application and as such considerable time is passing. Kindly suggest what can be done.Can I file for Reconstruction of record.

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Arvind Singh Chauhan (Expert) 18 April 2011
If the execution petition has been filed within the limitation period it is the duty of court to order suo moto for reconstruction of record and to take action against the officials responsible for keeping record.

prashant pundhir (Expert) 18 April 2011
Just give an application for inspection for the file giving its detail to the inspection department .It is the duty of the inspection department that to provide the asked file for inspection within three days .The head of the department is DJ or any ADJ . If the department remains failure to provide you the file,they will report to the head of the department i.e.DJ or ADJ and then the inquiry will be set up of least ADJ level .
Be sure by the way,you will get your file .

Querist : Anonymous (Querist) 18 April 2011
Thanks. I have already applied for certified copies only to take the report that the files were searched but not found.Now i will also apply for inspection of the files.

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