Delay petition
Swaminathan A
(Querist) 07 August 2011
This query is : Resolved
I have filed a petition u/sec.5 of limitation act to file a main petition. conditional order passed on that delay petition that on payment of cost that petition will b allowed. I didnt pay the cost in time. hence petition dismissed for non payment of cost. now, can I restore the petition?
M/s. Y-not legal services
(Expert) 07 August 2011
Yes. You can restore your earlier petition before the same court itself.. which is dismissed for non payment. If there is dismissed mean you have to approach your high court by filing crp.
Arun Kumar Bhagat
(Expert) 07 August 2011
It differs in civil & criminal procedure, In criminal procedure there is no concept of restoration. Only High Court u/s 482 Cr.P.C can pass restoration order.
R.Ramachandran
(Expert) 07 August 2011
Yes, you can mke an application by giving cogent, plausible and convincing reasons for payment of cost within the stipulted time.
The best thing would be to pay the cost at least now and then make the application rather than simply making the application.
In any case, you should not make it your habit to "delay", and "not pay in time" etc.
prabhakar singh
(Expert) 07 August 2011
now, can I restore the petition?
YES YOU CAN BY AN APPLICATION U/S 151 CPC ON GROUNDS EXPLORED BY Mr. R.Ramchandran along with tender of imposed cost.
Raj Kumar Makkad
(Expert) 07 August 2011
Restoration is not a right of a client rather it is discretionary power of court. If you satisfy the court with reasonable and cogent reasons leading non-payment of cost in time, the court can get the work done.
Swaminathan A
(Querist) 08 August 2011
Thank you all for ur immediate reply
