i not pressed a suit on the ground that cliend did not co-operate with, now my client and i compramised and i what to restore the suit is that possible if is according to what law.
adv. rajeev ( rajoo ) (practicing advocate) 21 June 2011
in my opinion once you filed a memo as not pressed, suit will be dismissed , now you cannot get it restored.
Sriram Arunachalam (Zonal Head) 21 June 2011
you can not file a application for restoration it is not maintainable, but your client can do provided he establishes fraud or misrepresentation and move an application through a different advocate, but chance of success is still in doubt.
Since, if suit is not pressed without reserving right it is closed for all purpose.
jeetendra patel (lawyer) 21 June 2011
DEAR ADVOCATE YOU CAN ALWAYS TAKE A CHANCE BY FILING AN APPLICATION FOR RESTORATION OF SUIT. YOU CAN CONTEND THAT THE SUIT IS NOT DECIDED ON MERIT IT IS AS GOOD AS DISMISSED IN DEFAULT SINCE THERE ARE NO INSTRUCTIONS FROM THE CLIENT. YOU CAN SUBMIT THE AFFIDAVIT OF YOUR CLIENT TO THAT EFFECT FOR HIS GOOD. YOU CAN URGE THE COURT TO TAKE A LENIENT VIEW BY INVOKING EQUITY AND SECTION 151 CPC ALL THE BEST. J.P.PATEL ADVOCATE (9921158871)
piyush sharma (Lawyer) 21 June 2011
There is nothing which can be done in this case. I am agree with Mr. Sriram Arunachalam opinion that some other lawyer can file an application but that will not be good for you as the same will demage you opinion in court.
niranjan (civil practice) 21 June 2011
Advocate cannot write 'not pressed' on the suit and court cannot act upon it,at the most it would amount that advocate is retired and the court should have given notice to the client,but yopu have not written as to what order is finally passed.pl.see order 9,rule 4.