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Mp Krishnaiah   09 March 2020

a suit dismissed for default

Dear experts
can we file a petition u/o 9 rule 9 for restoration of the suit after one year due to ill health.
Thanq in advance..


Learning

 9 Replies

raashid Wafai   09 March 2020

Yes you can. But it is preferable you annex medical records with the application to enable court to restore the suit.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 March 2020

Nothing can be anticipated but you have no other option but to get chance as already advised to you.

Dr J C Vashista (Lawyer)     10 March 2020

When was the suit dismissed in default ?

Who had ill-health and why did the party or his lawyer appear in the Court on date fixed for proceeding?

What is the opinion and advise of your lawyer who is well aware about the facts of case, an able, competent and intelligent enough to satisfy your question?

Advocate Suneel Moudgil (Advocate)     10 March 2020

you can move ahead but your query is vague

TGK REDDI   10 March 2020

No chance.

Varun Bhandari   11 March 2020

Application under order 9 rule 9 will have to be filed with an application under section 5 of the Limitation Act since the limitation for application for restoration is 30 days from the days of dismissal. Give reasonable and cogent grounds for your delay in the section 5 application and also annex medical records and your suit will in all probability be restored.

Varun Bhandari   11 March 2020

Application under order 9 rule 9 will have to be filed with an application under section 5 of the Limitation Act since the limitation for application for restoration is 30 days from the days of dismissal. Give reasonable and cogent grounds for your delay in the section 5 application and also annex medical records and your suit will in all probability be restored.

Shashi Dhara   13 March 2020

If you have paid heavy court fee then file petition for restoration with application of condonation of delay u/s 5 of limitation act with beleivable grounds .if nominal court fee is paid then file fresh suit with fresh cause of action .

Varun Singh Kalra   17 May 2020

Hello MP Krishnaiah,

Read more at: https://www.lawyersclubindia.com/forum/a-suit-dismissed-for-default-208364.asp

Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  1.12.00 - 1.14.20 

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!

 


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