Dissmisal of Suit

Chetan (Querist) 25 September 2010 This query is : Resolved
That the suit for Recovery has been dismissed in default on 28/06/2010, whereas the advocate did not appear in it.

How to restore the present suit ?

Pls provide provision and citation

What is the limitation to restore the suit ?

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Devajyoti Barman (Expert) 25 September 2010
File application under order 9 rule 9 of cpc. The time limit is 30 days. So you have file that with section 5 of the Limitation Act application.

Arvind Singh Chauhan (Expert) 25 September 2010

Sir it has already been replied regarding your query "RESTORATION Of Suit" by learned friends - Again there are the citations on this point.

For lapse on the part of appellant’s counsel, no evidence could be adduced in support of pleading placed by appellant- Party can’t be made to suffer on account of negligence or mistake of some one who was handling affairs on behalf of party- UAD-2008-UTT-132.

Rejection of restoration on ground of non appearance of counsel- Not proper- it is well settled that due to negligence committed by counsel, party could not be penalized, where restoration filed within prescribed period- UTT-UAD-2009(1)-191.

Exparte order- due to absence of lawyer because of strike- court could set aside- S.C.D.-2001(2)- S.C.-141.

s.subramanian (Expert) 25 September 2010
I agree with the above views.

Rajeev kulshreshtha (Expert) 26 September 2010
I agree with the above views.

masood ausaf (Expert) 26 September 2010
I agree with Mr. Barman. An application under Order 9 is to be filed for the restoration of the suit and as the time of 30 days has lapsed an application under Section 5 of the Limitation Act for condonation of delay is also required to be filed otherwise the Application for restoration will be dismissed as being time barred.

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