Suit did should not be restore according to article 122 limitation act

Guest (Querist) 30 September 2011 This query is : Resolved
Is it possible to dismiss the application of restoring the suit, dismiss in default (both parties not attending the court) filed after 1-1/2 to 2 years.

Please read Article 122 thoroughly and Article 137 also of Limitation act

Article 122.

To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs.

Period - Thirty days from the date of dismissal.

while one citation "1990 ccc 336 Patna" says that U.O 9 R 4 with Sec 151 CPC - Article 122 Limit act not applicable and article 137 applicable.

i want that the case should not be restore help me out with suitable ruling etc...

Thanks

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Chanchal Nag Chowdhury (Expert) 02 October 2011
Yes. The court can dismiss the petition for Restoration in the given circumstances.

R.Ramachandran (Expert) 02 October 2011
Dear Anonymous,
Article 137 has no application to the facts revealed by you. In view of Article 122, the said application shall stand dismissed.

Guest (Querist) 03 October 2011
i agree with u Ramachandran ji, but the citation "1990 ccc 336 Patna" says that U.O9 R4 with Sec 151 CPC - Article 122 Limit act not applicable but article 137 applicable. how it can be possible. how can judge restore the suit Dismiss in default when both parties are not attending the case.....

Read the citation first.............then answer

R.Ramachandran (Expert) 03 October 2011
Dear Anonymous,
The citation is not readily available.
You first better paste the decision so that I can read and then answer.

Guest (Querist) 03 October 2011
that citation contains the application of restore dismiss, not the suit, for that art 137 was applicable, Now rest art 122 is applicable.....query solved thanks 4 ur valuable suggestions & time

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