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YN Gaikwad (self)     27 November 2009

pitition dismiised. How to restart the case?

 

 

Dear friends,

 
I had filed claims petition in small causes court in 2006.
 
The written statements were filed by the defendants and issues were framed in dec 2007. Then defendants requested court to add additional respondants (joinders) and summons were served to those respodents as well. Then those respondents also filed the written statments in Aug 2008. After this the matter was for evidence.
 
I had to change the lawyer in between. The case was continued with a new lawyer after obtaining NOC from the previous lawyer. Finally, I came to know that the pitition was dismissed in July 09. The reason as per lawyer is "after providing enough opportunities, pititioner is not able to put forward suitable evidence." We don't know what evidence was provided by the previous lawyer. We have applied for the copies.
 
Is it possible to restart the same case after dismissal? Do I need to file a new pitition or I can reopen the dismissed petition?
 
Please advice.
 



[ Scorecard : 27]


 

Dear friends,

I had filed claims pitition in small causes court in 2006.

The written statements were filed by the defendants and issues were framed in dec 2007. Then defendants requested court to add additional respondants (joinders) and summons were served to those respodents as well. Then those respondents also filed the written statments in Aug 2008. After this the matter was for evidence.

I had to change the lawyer in between. The case was continued with a new lawyer after obtaining NOC from the previous lawyer. Finally, I came to know that the pitition was dismissed in July 09. The reason as per lawyer is "after providing enough opportunities, pititioner is not able to put forward suitable evidence."  We don't know what evidence was provided by the previous lawyer. We have applied for the copies.

Is it possible to restart the same case after dismissal? Do I need to file a new pitition or I can reopen the dismissed pitition?

Please advice.

 

 



[ Scorecard : 27]


 

Dear friends,

I had filed claims pitition in small causes court in 2006.

The written statements were filed by the defendants and issues were framed in dec 2007. Then defendants requested court to add additional respondants (joinders) and summons were served to those respodents as well. Then those respondents also filed the written statments in Aug 2008. After this the matter was for evidence.

I had to change the lawyer in between. The case was continued with a new lawyer after obtaining NOC from the previous lawyer. Finally, I came to know that the pitition was dismissed in July 09. The reason as per lawyer is "after providing enough opportunities, pititioner is not able to put forward suitable evidence."  We don't know what evidence was provided by the previous lawyer. We have applied for the copies.

Is it possible to restart the same case after dismissal? Do I need to file a new pitition or I can reopen the dismissed pitition?

Please advice.



[ Scorecard : 27]


 

Dear friends,

I had filed claims pitition in small causes court in 2006.

The written statements were filed by the defendants and issues were framed in dec 2007. Then defendants requested court to add additional respondants (joinders) and summons were served to those respodents as well. Then those respondents also filed the written statments in Aug 2008. After this the matter was for evidence.

I had to change the lawyer in between. The case was continued with a new lawyer after obtaining NOC from the previous lawyer. Finally, I came to know that the pitition was dismissed in July 09. The reason as per lawyer is "after providing enough opportunities, pititioner is not able to put forward suitable evidence."  We don't know what evidence was provided by the previous lawyer. We have applied for the copies.

Is it possible to restart the same case after dismissal? Do I need to file a new pitition or I can reopen the dismissed pitition?

Please advice.



[ Scorecard : 27]


 

Dear friends,

I had filed claims pitition in small causes court in 2006.

The written statements were filed by the defendants and issues were framed in dec 2007. Then defendants requested court to add additional respondants (joinders) and summons were served to those respodents as well. Then those respondents also filed the written statments in Aug 2008. After this the matter was for evidence.

I had to change the lawyer in between. The case was continued with a new lawyer after obtaining NOC from the previous lawyer. Finally, I came to know that the pitition was dismissed in July 09. The reason as per lawyer is "after providing enough opportunities, pititioner is not able to put forward suitable evidence."  We don't know what evidence was provided by the previous lawyer. We have applied for the copies.

Is it possible to restart the same case after dismissal? Do I need to file a new pitition or I can reopen the dismissed pitition?

Please advice.

 

 



Learning

 11 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     27 November 2009

FILE, RESTORATION PETITION UNDER CPC 151

dhiraj choudhary (n/a)     27 November 2009

if it is dismissed in default then u have two remedies.

1.file restoration petition under order 9 of c.p.c. n not under sec151

2.or file a new case as ur case has not been decided on merits

Swami Sadashiva Brahmendra Sar (Nil)     28 November 2009

according to your quotes  "after providing enough opportunities, pititioner is not able to put forward suitable evidence", it appears that case has been decided on merits. If your lawyer was present, then you should file an appeal and not the restoration application.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     28 November 2009

FILE A MISLENEOUS APPEAL  TO GET IT RESTORED,BY SHOWING SUFFICIENT GROUNDS.

aruntrivedi (lawyer)     28 November 2009

R. K. Sunderaj is right

1 Like

YN Gaikwad (self)     28 November 2009

Thanks for the comments and suggestions.

Lawyer was present in the court.

He is suggesting an appeal in the high court.

Do I need to also party all the respondents in an appeal?

THere were 4 respondents, one of them ex-parte.

 

 

tanmay (lawyer)     28 November 2009

well going through by ur language.. one thing will have to be ascertaned first.. i.e  whether the court proceeded under 0 17 rule 2 or under o 17 r3.. coz if court proceeded under rule 2 then u have the remedu of filing restoration applicaton under  order 9 rule 9 and if court proceeded under rule 3 then u will have to file appeal.... under which rule that can be gathered from the actual order nad whether the defendant was provided any opportunity to produce any evidenceor not.........   one more thing do re member    if the case is an SCC case then SCC  act is applicable and in that there is no provision of appeal   there is only revision u/s 25 of PSSC act for every order  wether interim or fiinal..

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     28 November 2009

 

 

U have to file an application for restoration, else High court will also dismiss ur case on the same grounds. As  per law, what ever stand u took in court below and what ever evidence u produce before the court below is final. So first move an application to set aside the order wherein it has been mentioned that no evidence produced. If not allowed then move to the high court for Revision Petition agasint that order.

Regards

adv.kamal.grover@gmail.com

1 Like

Niranjan Moolchandani (Retired)     28 November 2009

Our society passed a resolution imposing parking charges on 4/2-wheelers parking in the open space of the society without levvying any charges on the 4/2-wheelers parked in the stilt parking spaces. This was done as all those parking in stilt have been allotted parking by the builder on consideration.  Even 2 open parking spaces have been sold/allotted by the builder, apparently they are also not paying parking charges. There are 197 members, out of 274, who have been allotted parking spaces by the builder The MC went to the extent of locking my vehicle.  I filed a dispute with the co-op court with the help of an advocate. The advocate raised the issues mentioning about the resolution and distribution of money so collected amongst members without asking for declaration of resolution as null & void. He also asked for stay on parking charges. The request for stay was rejected as resolution was not challeneged and ratio in judgments of Hon.Bombay HC in a case Sunanda Jananrdan Rangnekar V/s Rahul Apartment Coop Hsg.Ltd. 2006(6) Bom C.R.254 & Nahalchand Laloochand Pvt Ltd.V/s Panchali Coop Hsg Society Ltd. 2008(3) Bom CR 828 was not considered in my favour and ratio in a case of Southern Nagpur Coop Hsg Society Ltd. v/s Purshottam Raghosao Shegaonkar 2006(6) Bom CR279 held in favour of Society. Another adv suggested filing appeal, which too was rejected.  He now advises for filing amendment to challenge the resolution.  I, through my contacted another advocate who suggests to withdraw the case and file a fresh case.  Can you kindly advise what is the correct procedure. Thanks

Swami Sadashiva Brahmendra Sar (Nil)     28 November 2009

Your Lawyer is right.

All persons who were party in the claim petition, are to be impleaded in the appeal also.

1 Like

YN Gaikwad (self)     29 November 2009

Thanks Dr. Tripathi for your comments.

Couple of questions on the same topic:

1. Is there any time limit for such appeal or restoration petition?

2. As there were 4-respondents, do we need to serve the notices them personaly or serving notice to their lawyer is sufficient? One of the responded had a lawyer and filed his wrtten-statment but never came to the court. His lawyer is not aware of his whereabouts now. Do I need to search his new residence and then serve the summons? If we are unable to seve a summons or notice can it proceed ex-parte?

3. What is "want of jurisdiction"? (I dont know this legal jargon, lawyer was talking about it which i could not understand) Would is be applicable to the above respondent?


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