Sec 151 cpc

chowdary (Querist) 15 November 2011 This query is : Resolved
my case i am the defendant i was ex-party and the court has pass a ex-party decree against me then i filed set aside the decree. the court pass a order that the petition was allowed on condition that i have pay rs 100 towards cost otherwise the petition stand to dismiss. but i have failed to pay costs on that dated. Subsequently i paid the cost and filed another petition under see 151 cpc for revoke the dismissal order whether the court has inherent power to restore the order

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Shailesh Kr. Shah (Expert) 16 November 2011
Yes, The Court has power to do so.

Rajeev Kumar (Expert) 16 November 2011
Yes the court has discretionary power to restore a suit u/s 151 of CPC

I.S.Roy,Advocate (Expert) 17 November 2011
Dear Sir,
Then you have to file a separate petition under Order 9 Rule 9 of CPC to restore the dismissal petition

with regards
I.S.Roy, Advocate
isroyjury@yahoo.co.in

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