Suit is dismissed for default

Advocate@Law Field (Querist) 30 August 2013 This query is : Resolved
I have filed Suit for recovery of money being the amount due and payable by the Defendant by way of reimbursement. However, Suit is dismissed for default because of negligence of my clerk as he did not note the date in my diary which was not deliberate action.
Now, I have filed Notice of Motion praying restoration of the Suit.
I need relevant case laws in this regard. I am giving few points regarding my case.
1) Suit is dismissed for default.
2) Suit is undefended.
3) No delay in filing the Notice of Motion.
Is there any possibility to restore the Suit? Kindly provide me relevant case laws if any.
Thanks in advance.

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Anirudh (Expert) 31 August 2013
There are plenty of case laws on the issue. You can search them under Section 9(13) of the CPc by visiting any of the case law websites like Manuputra etc.

But what is paramount is that you should have explained in the application for restoration, the good and sufficient reasons for your absence on the day when the suit came up for hearing.

Anirudh (Expert) 31 August 2013
There are plenty of case laws on the issue. You can search them under Section 9(13) of the CPc by visiting any of the case law websites like Manupatra etc.

But what is paramount is that you should have explained in the application for restoration, the good and sufficient reasons for your absence on the day when the suit came up for hearing.

prabhakar singh (Expert) 31 August 2013
Order 9 rule 13 is applicable to cases where defendant seeks to get 'set aside an exparte order passed against him'

when a suit is dismissed restoration to it's original no . is prayed either under order 9 rule 4,or under order 9 rule 9,depending upon fact what for the suit was listed.

It is not clear from expression 'suit is undefended' that defendant ever put appearence or not after service.

In circumstances when neither party appears on a date fixed,the dismissal of suit's order would be deemed to have been passed under order 9 rule 3,then remedy of plaintiff is either to pray court to restore the suit or plaintiff can subject to law of limitation even file fresh suit as is laid in order 9 rule 4.

Anyway restoration on ground stated should not be a big issue when either party was absent.