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REstoration of Suit

(Querist) 20 September 2010 This query is : Resolved 
That the suit for Recovery has been dismissed in default on 28/06/2010, whereas the advocate did not appear in it.

How to restore the present suit ?
Pls provide provision and citation

What is the limitation to restore the suit ?
DEFENSE ADVOCATE.-firmaction@g (Expert) 20 September 2010
Give restoration application with reasons and condonation of delay , there will be notice to other side and after hearing both the court will pass order.
Daksh (Expert) 20 September 2010
I concur with Mr.Shashikumar.

Regards
Daksh
Rajeev kulshreshtha (Expert) 21 September 2010
I also agree with Mr. Sashikumar.
Satyendra Kumar Pandey (Expert) 21 September 2010
Kindly go through with order 9 it states all provisions regarding your query.


Although I am be in accord with all the above experts.
Rasik Dagli (Expert) 21 September 2010
Yes, make an application for restoration with a prayer for condonation of delay. You must satisfy court about the reasons for not remaining present on the date when suit was dismissed for default
RASIK DAGLI
Advocate
Arvind Singh Chauhan (Expert) 21 September 2010
For lapse on the part of appellant’s counsel, no evidence could be adduced in support of pleading placed by appellant- Party can’t be made to suffer on account of negligence or mistake of some one who was handling affairs on behalf of party- UAD-2008-UTT-132.

Rejection of restoration on ground of non appearance of counsel- Not proper- it is well settled that due to negligence committed by counsel, party could not be penalized, where restoration filed within prescribed period- UTT-UAD-2009(1)-191.

Exparte order- due to absence of lawyer because of strike- court could set aside- S.C.D.-2001(2)- S.C.-141.
Khaleel Ahmed (Expert) 22 September 2010
Plaintiff can file a petition for restoration of the suit with condonation of delay. Notice should be given to other side also.
masood ausaf (Expert) 25 September 2010
ABOVE EXPERTS ARE RIGHT YOU HAVE TO FILE APPLICATION FOR RESTORATION OF THE SUIT UNDER ORDER 9 CPC. AS THE LIMITATION FOR THE SAID APPLICATION IS 30 DAYS YOU HAVE TO FILE AN APPLICATION U/S 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY. TAKE AN EARLY ACTION OTHERWISE YOU WILL LOSE AS DELAY OF EACH AND EVERY DAY HAS TO BE EXPLAINED.


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