Execution petition - can my lost party reopen last appeal which was dismissed for default

The standard statutory time limit to apply for restoration is 30 days from the date the appeal was dismissed for default (under Article 122 of the Limitation Act, 1963). If they miss the 30-day window, they must file a Section 5 application asking the court to condone the delay. Courts require proof of "sufficient cause" (e.g., severe medical emergency). Gross negligence, inaction, or unexplained long delays are routinely rejected. Simply filing a restoration application in the Appellate Court does not operate as a stay on your EP. The opposite party may try filing groundless objections under Order 21 Rules 97–101 CPC to cause delay. However, courts routinely dismiss baseless objections raised purely to stall delivery of vacant land.

Push for swift service of notice in the EP. Request the court to issue a Delivery Warrant with police protection if you anticipate physical obstruction at the vacant site.

Thanks a Lot for your Feedback 

You are welcome for your appreciations

Very well eplained, opined and advised by learned senior expert Mr. T Kalaiselvan, which I endorse and appreciate.

However, once suit is decreed means that the plaint / suit has merged in the judgment and the aggrieved party (defendant in instant case) may move in appeal u/s 96 of the CPC.

The appellate Court might have dismissed it for non- prosecution (which you have mentioned as "....the suit was dismissed in default due to absence of both the parties"  It is unbelievable statement.

Please recheck the order passed by Appellate Court.

In such circumstances attachment/ possession of vacant plot/land orders passed in EP has to be executed by Executing Court through its Bailiff appointed for  the purpose.

Hi Sir

Appeal was done by our Opposite party

And we both didn't go to Court and later court dismissed the Case as Not contested. Intention from opposite party is only to file Case Not for Arguments pr any Evidences they have 

Is this information sufficient?

Did you receive any notice / summons of the Court ? If so, you or your lawyer did not attend shall be considered in favour of appellant otherwise, it do not affect your case. 

When the appellant or his/her lawyer did not appear, it shall be presumed that the appellant is not interested in persuing his/her apeal.

Information posted are still vague and incomplete.

Consult your lawyer who is well aware about facts and circumstances of the case(s).

In Appeal Court Order

It states " Appealants called Absent- Appealants counsel reported No Instruction- Hence Appeal is dismissed for Default"

The appeal was filed against the decree in your favor hence the decree in your favor stands good and legally valid. Therefore there is no obstacle to proceed with the EP, you may discuss with your own advocate on all such practical issues