Upgrad LLM

time limit to appeal

Sir, A civil suit was dismissed as plaintiff absent in a lower court. Defendants are ready. Kindly let me know the time limit for the plaintiff to appeal

File application for restoration of suit

One month. But you can file after that period with delay condonation petition. You have to show good grounds for this filing of appeal, so also for ex0arte during lower cost.

agar apko district judge ke yaha appeal krni hai to , 30 din ke andar or agr 30 din ke upar ho gye hai to 120 din ke andar high court me kar sakte hai.
Retired employee.

I presume that you are a defendant, and the plaintiff was represented by Advocate. The plaintiff if in outstation may not even know of the present proceedings, and he may seek condonation stating genuine reasons within a reasonable time and can get the case reopened as the case was not heard and decided on merits..  If it is collusive, the legal heirs or affected parties can proceed within 3 years from the knowledge of such fraud/collusion or discovery of such important document suppressed by parties in that suit.


Since this is a dismissal for default case, the plaintiff can file a petition under order IX rule 9  of CPC to restore the main suit within 30 days from the date of the order.

Beyond the thirty days period, he may file another application under section 5 of the limitation act to condone delay in filing the restoration petition.


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Best and proper remady is,file rest Best and proper remady is to file an application for restoration of suit u/o 9 r 9 cpc within 30 days from dismissal of suit.


Order IX of CPC deals with appearance and non-appearance of parties in a civil suit.

Order IX, Rules 7-11 deals with non-appearance of th Plaintiff.

If the defendant does not admit the claim of the plaintiff, then the court shall order for dismissal of the suit. But, when the defendant admits completely or any part of the claim made by the plaintiff then the court is empowered to pass a decree against the defendant on the ground of such admission and for rest of the claim, the suit will be dismissed. The plaintiff will have to refile the case within 30 days.

It was held in Shamdasani v. Central Bank of India (1952) 54 BOMLR 40), that the dismissal of the suit of the plaintiff without hearing him is a serious matter and it should not be adopted unless the court gets satisfied that in the interest of justice such dismissal is required.

Hope this answers your query.


Liyana Shaji






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