About restoration application

anshul sangal (Querist) 14 February 2010 This query is : Resolved
I want to know about restoration application in CPC AND when it is filed

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Raj Kumar Makkad (Expert) 14 February 2010
If any application or suit has been dismissed as default then it can be sought for restoration subject to filing an application within 30 days of such order.

Parveen Kr. Aggarwal (Expert) 14 February 2010
Restoration application can be filed in two eventualities under two different provisions of CPC. In case the defendant was present at the time when the suit was dismissed in default then, in that case an appliction will have to be made under the provisions of Order 9, Rule 9 of the CPC whereas in case when the suit was dismissed in default and nobody on behalf of the defendant(s) was present then an application will have be made under Order 9, Rule 4 of CPC. However, the applicant-plaintiff also has an option to file second suit in the latter case.

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Kumar Thadhani (Expert) 15 February 2010
I do agree with expert Mr. Parveen.

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