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pragati shelar   06 December 2018

Order9 rule9

can restoration application be filed twice when the suit and 1 restoration application got dismissed sue to default of the appellant??


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 4 Replies

manoj   07 December 2018

Even restroation application got dismissed for default. you can file application before the same court to restore the restore application and suit. You can file CMA before the District Court to restore the Restore application and along with suit. If you want I will provide Judgment.

 

V E MANOJ KUMAR

ADVOCATE

CELL NO 8686159292

1 Like

pragati shelar   07 December 2018

thanks for the advice... actually my declaration of mundcar case is pending before the mamlatdar since 2013. in the same year I filed repair application which was allowed by the mamlatdar. thereafter respondent filed revision before the deputy collector. this revision application of respondent got dismissed due to default. then the respondent filed restoration application for which I gave no objection because I wanted to end this repair proceeding as soon as possible and the next date was fixed for the arguments on main repair application, this was the last chance given to the respondents ( presently appellant) but for last chance also respondents remain absent. this time also the repair application got dismiss due to default. now again they have filed restoration. is it permissible??.. is there any way out to stop him filing restoration again n again

Suri.Sravan Kumar (senior)     07 December 2018

In my opinion the restoration petition is maintainable.

Dr J C Vashista (Advocate)     08 December 2018

It will be restored, if proceeded properly.


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