Sec 151 cpc

This query is : Resolved 

15 November 2011

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

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

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