restoration of suit against d2 and d3
BAKBABU
(Querist) 28 November 2013
This query is : Resolved
Plf. Filed the suit against 1 to 6 defendants for recovery of money . D 1,4,5,6 are on record. 2, 3 summons not served for batta and posted some another date. On that date batta not filed. Plf. Called absent. Suit is dismissed against 2, 3. For counter and statement so...if plf filed restore petition is it necessary section 5. Suit is not decreed and on going...pl. advice..
BAALASUBRAMANNYAMM
(Expert) 28 November 2013
In such a situation, you have to file a petition under 9,Rule 4 of CPC, praying to restore the suit as dismissed against D2 and D3, which was dismissed under Order 9, Rule 2 of CPC. Since the suit is pending, there is no need to file a delay condonation petition under Section 5 of Limitation Act.
BAKBABU
(Querist) 28 November 2013
Than q sir...is there any case laws...pl.quote...
prabhakar singh
(Expert) 28 November 2013
Mr. baala subrahmanyam has rightly opined with provisions of restoration.The court would NOT insist for any decision as provisions are too clear and that is usual affair courts do daily.
