Restoration of suit

Querist : Anonymous (Querist) 07 January 2011 This query is : Resolved
hi..
I am the defendant in a recovery suit..the suit was firstly dismissed for non procecution and then the plaintiff got it restored.
The suit again got dismissed in default for non appearance of the counsel.
now the plaintiff has again filed an application under O 9 R 9 for restoration of suit as the counsel has pleaded wrong noting of date in his diary..
The trial has not yet started in the suit and only written statement has been filed.
Are there any judgements that say the suit should not be restored if it has been dismissed in default twice.

Follow Query

Report Abuse

Amit Minocha (Expert) 08 January 2011
there is no such restriction. What is need to be shown to the Court is that the dismissal was not deliberate and intentional and that the OP would not suffer much a loss if the suit is restored. amitminocha@yahoo.com

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now