LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Boopathy Rajan   28 March 2024

Dismissed case

PW1 called absent, no representation, hence the suit is dismissed for default. No Costs

Above is the judgement order given for civil case. 

Can we restore the case? 

It looks like our lawyer deliberately helped defendant and didn't share the information properly in hearing and  not to my uneducated father. 


 11 Replies

Dr. J C Vashista (Advocate )     29 March 2024

Yes, it can be restored to its original stage if applied to the same court (Order IX Rule 9 CPC)

1 Like

Gagandeep Goel   29 March 2024

A civil suit which is dismissed in default can be restored to its original No. by filing an application under order 9 rule 9 and the court after imposing some very reasonable cost can restore the suit back to its original No..


It is important to give a brief descripttion about what was the suit and as to why there was no presence on behalf of the plaintiff and also a declaration that you undertake to be more careful in future.

Limitation is one aspect which is to be considered while filing the present application for restoration and the date of knowledge is very important in these matters.


Be careful in drafting the application.


1 Like

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

You can file a petition seeking restoration of the dismised suit with an affidavit giving reasons for your non appearance due to which the suit was dismissed for default. 

1 Like

Shashi Dhara   29 March 2024

Remedy is petition for restoration and restore,lead evidence.

1 Like

Boopathy Rajan   30 March 2024

Restore petition was submitted in 2014 itself for the dismissed case on 3/2014. But the case is not restored yet. How long will it take to restore the case. 

T. Kalaiselvan, Advocate (Advocate)     30 March 2024

What were you doing for all these ten years without following it up.

By simply sitting at home without regularly following it through your advocate you will not get any relief.

Therefore any advice rendered in this platform may not come to your rescue unless you put your efforts to implement the ideas given by experts here.

Shashi Dhara   31 March 2024

Wait for it their is no time limit your grandson may get relief, hope on justice, don't loose hope, take it sportive.

Boopathy Rajan   01 April 2024

My father didn't know the case is dismissed. Our advocate didn't shared the info properly to my father. I have started looking into the case with the case number in ecourt services App and found that the case is dismissed. My father keep on following with advocate for the case by providing all the details. IA been keep on added for every death of the defendant to add their heirs as defendant. Does it true that all the latest IA should be closed to start look at the IA for restoration? 

Gagandeep Goel   01 April 2024

It is very surprising that a restoration application will be kept pending for 10 years and to my understanding you are not informed about the rightful status of your case and you should take appropriate steps by changing the advocate and engaging an advocate with a good reputation.

1 Like

Boopathy Rajan   01 April 2024

Received case file from current lawyer on 30 march 2024  with no objection. Looking for lawyer in salem district of Tamilnadu to handle this case.

Court : District Munisf court, omalur

Case no : TNSA0F0000061998

T. Kalaiselvan, Advocate (Advocate)     01 April 2024

You can search for a lawyer of your choice either from this forum or outside and engage the services on the terms of chosen lawyer 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register