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sripartha (advocate )     21 June 2011

Procedure to repoen a suit when it is notpressed

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.



Learning

 6 Replies

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.

1 Like

(Guest)

you have to  file a fresh suit stating the facts of not pressing and other things.  YOu may be also file a petition under section 151 of C.P.,C. to take necessary action in this regard.

1 Like

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.

1 Like

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)

1 Like

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.

1 Like

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.

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