Dismissed for default case
Ansh
(Querist) 14 June 2013
This query is : Resolved
Does property dispute case 'dismissed for default' can re-stand once again in court after one year? OR can plantiff can go to higher court?
Adv Archana Deshmukh
(Expert) 14 June 2013
A restoration application can be filed or an appeal against the dismissal can also be filed. Both options are available. However, after one year it has to be filed along with delay condonation application and explain the delay.
Nadeem Qureshi
(Expert) 14 June 2013
if you are plaintiff in this case then file an application before court under Order 9 rule 9 of Civil procedure code 1908. after hearing both the parties the court may pass an order to set aside the dismissal order.
Order 9, Rule 9 - Decree against plaintiff by default bars fresh suit. - (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with suit.
(2) No order shall be made under this rule unless notice of the application has been served on the opposite party.
HIGH COURT AMENDMENTS
Calcutta. - In Order IX, in rule 9,-
(i) after sub-rule (1), insert the following sub-rule, namely:-
"(2) The plaintiff shall, for service on the opposite parties, present along with his application under this rule either-
(i) as many copies thereof on plain paper as there are opposite parties, or
(ii) if the Court by reason of the length of the application or the number of opposite parties or for any other sufficient reason grants permission in this behalf, a like number of concise statements."
(ii) renumber sub-rule (2) as sub-rule (3).
(iii) in sub-rule (3) as so renumbered, after the words "notice of application" insert the words "with a copy thereof (or concise statement) as the case may be".
Delhi.-Same as in Punjab.
Gauhati.-Same as in Calcutta.
Himachal Pradesh.-Same as in Punjab.
Punjab.-In Order IX, in rule 9, in sub-rule (1), insert the following proviso, namely:-
"Provided that the plaintiff shall not be precluded from bringing another suit for redemption of a mortgage, although a former suit may have been dismissed for default."
[Vide Notification No. 2212-G, dated 12th May, 1909]
prabhakar singh
(Expert) 15 June 2013
A petition of restoration along with delay condonation application should be the choice
of plaintiff.
Ansh
(Querist) 15 June 2013
Thank you very much all experts
