Restoring partation suit after 15 years

surjit singh (Querist) 24 January 2015 This query is : Resolved
A partition suit was filed in 1991. The case went on till 2000. Thereafter evidence from both side was concluded. As there was some possibly of amicable settlement both the parties left the case and it was dismissed for default. The amicable settlement did not materialized and quarrel broke out between the parties and several criminal cases was filed on one another. Some of the criminal cases are still pending. In the meantime one party has filled application for partition in the year 2011 before Director of land record under a new act. But there is a possibility of this application being dismissed because the section under which the application is filed before the Director is termed ultravirus by the high court.
My question is whether after the dismissal of the application the parties can approach the civil court for Restoration of the earlier partition suit. I may point out that in one case supreme court said while deciding condonation only technalities should not be seen, the delivery of justice be also seen.

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Devajyoti Barman (Expert) 24 January 2015
No need for restoration. You can file such suit afresh. Partition suit has continuing cause of action.

Advocate M.Bhadra (Expert) 24 January 2015
File a fresh suit in Civil Court where the property is situated, criminal cases are separate issue.

ajay sethi (Expert) 24 January 2015
application for restoration of partition suit dismissed for default after lapse of 14 years wont be allowed by court .

Guest (Expert) 24 January 2015
Well Advised by Experts Mr.Devajoti Barman and Mr.Bhadra.

Advocate Bhartesh goyal (Expert) 24 January 2015
Court will not allow your restoration application on account of huge delay however you can file fresh suit for partition

surjit singh (Querist) 24 January 2015
Since the suit was at the stage where evidence was closed. Can we take the plea that if the suit is restored it will save time and energy of the court.

Rajendra K Goyal (Expert) 24 January 2015
Agree with the expert Devajyoti Barman.

surjit singh (Querist) 25 July 2015
In the earlier partation suit we asserted that the eldest brother was the karta of the family. In that suit we did not made a separate party as HUF. Now in the new suit we are making the eldest brother as HUF one of the party and individually also. In the earlier suit some plots were left out and some plot was by mistake put into.
My question is now we are making HUF as a seperate party and we have added some plots and delited/corrected some plot. Will it affect the said partation suit.

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