Limitation

Querist : Anonymous (Querist) 15 September 2011 This query is : Resolved
is there any time limit for reopening a civil property case which has been dismissed for default ? If yes, what is the period & when it will be not entertained by any court of law.

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prabhakar singh (Expert) 15 September 2011
30 days from the dismissal order.Delay can be condoned u/s5 of limitation Act ,if reasonable cause is shown for each day delay.

NO FRESH SUIT CAN LIE IN CASE IT WAS A DISMISSAL U/O 9 R 9.

A FRESH SUIT CAN LIE IF THE DISMISSAL WAS U/O9 R2 PROVIDED LIMITATION COUNTING FROM THE DATE SHOWN FOR CAUSE OF ACTION IS ALIVE WHICH IS 12 YEARS FROM THE DATE OF CAUSE OF ACTION WITH RESPECT TO IMMOVABLE PROPERTY.

AN APPEAL ALSO LIES AGAINST DISMISSAL WITH IN 30 DAYS.

ONLY ONE REMEDY OUT OF THESE CAN BE CHOSEN .

Advocate Bhartesh goyal (Expert) 15 September 2011
Mr Prabhakar Singh is absolutely right.I do agree with him .

Guest (Expert) 15 September 2011
upto 12 years from date of dismissal. after 12 years the court will not entertain. but between the period has to be explained each and every day of delay.

prabhakar singh (Expert) 16 September 2011
In case you prefer to file a suit,no exemption or condonation of delay with regard
to 12 years to be counted from the date of cause of action in earlier dismissed suit shall be available.
The condonation of delay would be available only when you choose a filling of restoration or appeal for which limitation is only 30 days from dismissal should be understood.

I am clarifying it because Mr.S.GANESAN.LAWYER has confused the matter unnecessarily.

Raj Kumar Makkad (Expert) 16 September 2011
30 days from date of knowledge of ex-parte order.

Shastri J.K. (Expert) 16 September 2011
Mr. raj kumar makkad is absolutely right.I do agree with him.with correction dismissed for default/ex-parte order.

prabhakar singh (Expert) 16 September 2011
RESPECTFUL brothers Makkad and Shatri!

Here we were not considering about an exparte order passed against defendant.
The query relates to a suit dismissed in default.A plaintiff is always expected to know the date fixed in his case for which he can not claim notice from the court.

SO MATTER UNDER CONSIDERATION AS PER QUERY IS
"SUIT DISMISSED IN DEFAULT OF PLAINTIFF"

AND NOT "SUIT DECREED OR PROCEEDED EXPARTE"