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(Guest)

Restoration suit abet

I came across one case was curious

1) Original suit was dismissed under Order IX (Rule 3) --- When neither partry appears , suit be dismissed

2) Then Plantiff filled suit for restoration under Order IX (Rule 4) --- Plantiff may bring fresh suit or Court may restore suit to file

3)  Plantiff filled suit against dead defendant (Restoration of suit ) --- Here legal heirs appeared looking at court website suo motoi

4) Suit is nullifed (Because suit against dead person has no consequence) , I suppose Plantiff may move application for set aside of abetment and delay condolence , Which he will fail 

5) What are the remedies for Plantiff now to get relief which he had claimed in original suit 



Learning

 2 Replies

Rohit Subbayya (Advocate)     15 April 2016

Plaintiff can file an application under Order XXII Rule 9 and Section 5 of Limitation Act and seek for condonation of delay in bringing the Legal Representatives on record(as presumably he had no knowledge of the death of the Defendant) and seek for setting aside the abatement of the suit against the Legal Representatives. 


(Guest)

After this failure tell me what options he will have. ( He will fail in delay condolence surely) 

Myself Defendant in this case 


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