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YN Gaikwad (self)     28 December 2009

time limit for restoration

Hi friends,

Are there any guidelines in terms of time frame to restore the petition in the civil matter?

I was told that it had to be done in 30 working days, in which courts does this limitation apply?



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 4 Replies

Palak Lotiya (Legal Content Writer/ Editor Resource Person)     28 December 2009

Hi,

Its true that the petition needs to be restored within 30 days.

kranthi kiran (Works In Judicial Department)     28 December 2009

Limitation for filing a restoration Petition Under O 9 R 4 or O 9 R 9 C.P.C is 30 days. it can be filed even after the expiry of limitation period along with the application Under  Section 5 of Limitation Act to condone the delay in filing the restoration petition. but you are required to show a sufficient and reasonable cause to condone such delay.

1 Like

YN Gaikwad (self)     28 December 2009

There has been delay and there is sufficient cause.

Do we need to send notices again to all the repondents? Do we need repondents lawers to be present for restoration? 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 December 2009

Definitely the notice of your application shall be sent to the opposite party and they shall have ample opportunity to rebut your application and even court can frame a specific issue of reasons leading to delay and evidence can also be sought therein.


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