Restoration of dismissed execution case

Bhartiya No. 1 (Querist) 17 August 2015 This query is : Resolved
Sir,
After winning the Title suit of a land, the plaintiff filed for execution in Sub Judge Court in 2009. In April 2013 the court dismissed the execution case without informing the lawyer, by citing the reason that the decree holder is not doing enough for gazette publication since the judgment debtors had not received the summons. Decree holder came to know this in 2015 since the file was missing from office and was searched. Now what should the decree holders do for restoration of the execution case. The defendants, who had lost the suit, preferred an appeal before District Judge which too is recently dismissed.
Thanking You,

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Dr J C Vashista (Expert) 19 August 2015
There are some vital information which you have concealed in this post such as "the court dismissed the execution case without informing the lawyer" is fabricated statement, where prima facie the lawyer was absent in the proceeding, please recheck. The EC do not throw away the EP in the manner stated by you.
There must be some direction to DH for publication (on the application of DH for substituted sevice upon JD)where DH did not (as presumed) initiate any action during 2013 to 2015, recheck.
Dismissal of appeal is again in favour of DH and EP cannot be proceeded during pendency of appeal, ask your lawyer.
You can change your lawyer, if his/her performance is unsatisfactory.

Bhartiya No. 1 (Querist) 19 August 2015
Thank u sir,
lawyer was good, only thing is that, he was going slow and was absent in last two dates. DH lives outside the city. The then sub judge has committed many mistakes and is dismissed from the service by the high court. Can it be restored or the DH should file fresh EP.

dev kapoor (Expert) 20 August 2015
Hi,
Dr.Vashista is right.But I would like to add that you need not bother in this case.Forget previous EP .File fresh one.A DH can file EP within 12 years.Now the appellate court decree has merged in trial court decree,so your case has become effectively executable.
Go ahead.