Restoration of divorce petition.
Adv. Deepak
(Querist) 15 July 2009
This query is : Resolved
Divorce petition filed by husband against wife on the ground of cruelty. On the date fixed for filing claim affidavit by petitioner husband, husband met with an accident and could not attend the court. Court dismissed the petition for default of petitioner. Can it be restored to original file. What is the procedure. Kindly extend your valuable advice. Regards.
A V Vishal
(Expert) 16 July 2009
In Order IX, in rule 9,-
9. Decree against plaintiff by default bars fresh suit
(1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with suit.
(2) No order shall be made under this rule unless notice of the application has been served on the opposite party.
Jayashree Hariharan
(Expert) 16 July 2009
You can file an application for restoration before the same court, with the proof for your default (accident).
Such genuine cases, there are more chances of the case being restored.
Best wishes.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 16 July 2009
Yes, I do agree with my Ld. friends.You will have to file an application for restoration before the same court, with the proof accident due to which ur case got Dismissed in default.
vinjamuri ranga babu
(Expert) 17 July 2009
hi,
you can restore the case by filing an application before the court stating your inability in not attending the court. the court will definetley entertain your application.
vr
vinjamuri ranga babu
(Expert) 20 July 2009
hi.
certainly, it can be restored, you move an application concerned court by stating all the reasons. the court definetely will hear you.
vr
