(Querist) 28 July 2011
This query is : Resolved
i have a decree in my favour passed by a court in calcutta in the year 2005, and the same has been transferred to a Court in Sikkim for execution. My execution petition got dismissed in default due to the non appearence of me and my lawyer. In order to have the same restored i filed a restoration application before the concerned court but unfortunatley even the restoration application got dismissed due to the non appearence of my Lawyer. I am very confused now....what would be the right thing for me to do to have the Decree executed. My lawyer has already filed a restoration appliction for the second time under Order 21 Rule 106 CPC. (with a prayer to restore the restoration application and the main execution petition). Are there any judgements to suppost this restoration application that i have filed for the second time or in case if it does not get restored do i have an option of filing a fresh execution petition. Please Help.
M V Gupta
(Expert) 30 July 2011
Your further restoration application for continued default on the part of ur lawyer does not appear to have good chance to succeed. Better file a fresh execution application in the original court and go through the rigmarole once again. U may also consider changing the lawyer who is not properly attending to ur case.
(Expert) 31 July 2011
you can not file Restoration Petition even in first time and there is no such provision for the same. but, you can file fresh EP as many times you can within 12 years