cpc

query on section 362 crpc

a

Dear Sirs, An application U/s 482 in the Allahabad High Court was dismissed for want of prosecution as the counsel for the petitioners was repeatedly missing the hearing. I was the respondent in the case. Approximately 2 months later they filed for Restoration and a Counter was filed by me challenging the restoration on the grounds taken for restoration by the petitioners. After some time the petitioners changed their counsel who in turn submitted applications for restorations again on the grounds that the earlier counsel was not taking the correct actions in the case.

The restoration was passed.

Subsequently a second application was put in for restoration of the interim order ( a stay on proceedings in the trial court). This was objected to in the HC with the plea that there was no interim order when the case was dismissed for want of prosecution. The HC simply granted them the stay on proceedings again without mentioning anything.

I have two specific queries on the above:

a) Was the restoration legal as per Section 362 ( The dismissal was a final order in the case)?

b) How was the Interim order restored as the earlier order had expired prior to the case being marked DiD ? I eagerly await your replies to the above queries.

Best Regards

Akash

 
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a

Dear Sirs,

Awaiting your answers.

Regards

Akash

 
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