Restoration of suit
jains
(Querist) 12 November 2018
This query is : Resolved
Suit was for injunction restraining defendant from destroying boundaries. Defendant filed counter claim for fixation of boundaries. The case was listed for trail on 18.07.2018. But defendant filed advance petition, petition for removing case from list and a petition to set aside the survey commission report. On list date there was no siting. so posted to 09.08.18. On this date the petitions posted for hearing of IA's to 13.08.2018. On this date the defendant was absent for giving evidence. The munsiff court dismissed 3 petitions filed by the defendant on that day and posted for evidence of the plaintiff. On subsequent postings plaintiff's evidence was taken and the suit was decreed and the counter claim dismissed on 29.10.2018. plaintiff did not file CMA against the order of dismissal of petitions till now. Whether if suit is restored, the petition would also be restored and heard ?
Isaac Gabriel
(Expert) 13 November 2018
Without notice, the suit cannot be restored.
P. Venu
(Expert) 13 November 2018
Where is the question of restoring the suit if it has already been decreed?
Kumar Doab
(Expert) 13 November 2018
You can benefit from above posts
jains
(Querist) 13 November 2018
As it is a decree on the absence of defendant, and as a consequence the counter claim dismissed ,may defendant apply for restoration of the counterclaim and apply for seting aside the expartee decree?
Dr J C Vashista
(Expert) 14 November 2018
@ Jains,
What is real problem, you have posted numerous questions earlier as;
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