Restoration under section 151 of civil execution
Deepak Sharma
(Querist) 29 May 2023
This query is : Resolved
A civil executionn was dismissed in default by the court due to non-appearance of both plaintiff and defendant. the plaintiff applied for restoration of the case after 1 year under section 151 with proper ground. Now, is it nessasary for plantiff to send the summons to the defendant before the hearing for restoration starts or judge can restore the suit and then the summons to be served to defendend .
Defendend objections under section 47 were dismissed in default in august 2019 but plantiff was present .
after that in 2022 civil execution was dismissed in default .
Defendent had stopped appearing the court from very start of 2019 .
T. Kalaiselvan, Advocate
(Expert) 03 June 2023
There is no provision in the Code of Civil Procedure for restoration of an execution which is dismissed in default or for non-prosecution.
However in a case The Supreme Court observed that mere dismissal of the first execution petition on the ground of default will not preclude decree holder from filing a fresh execution petition provided it is within time
The notice has to be sent to the respondent/defendant every time a fresh petition is filed.
