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 ?
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.
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.
