Order 9 Rule 4 of CPC

vishal kumar (Querist) 28 June 2011 This query is : Resolved
A money suit was dismissed for default for non apperance of the Plaintiff as he could not find the next dates after filing of the suit and no summons have been issued to the Defendants. When an application is filed under order 9 rule 4 of the CPC,after three years, whether issuing of notice is mandatory to the Defendants? Can you provide case laws showing that no notice is required under such circumstances? Can you provide case law showing that suit can be restored even after three years.

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Devajyoti Barman (Expert) 29 June 2011
No notice except the case summons needs to be served upon the other party.

Shashikant V. Patil (Expert) 29 June 2011
I agree with Mr. Barman's view.

Ravikant Soni (Expert) 29 June 2011
Three years!!!
you must show good and sufficient cause for such delay. even time has been elapsed for recovery as well.

niranjan (Expert) 29 June 2011
Court will not restore suit without notice to the defendant because valuable right has accrued to the deft.

Guest (Expert) 29 June 2011
you have to file the suit under or.9 rule 9 with sec 5 of limitation act. Three years if you show sufficient cause to condone the delay you will succeed. Each and every case law is stand on it's own facts. so be carefull with case laws

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