Restoration of petition
Querist :
Anonymous
(Querist) 11 April 2011
This query is : Resolved
Hello Experts,
In a matter [property related at Mumbai HC]an IO was passed "No Third Party rights to be created". The Applicants Lawyer in collusion with the Respondent's counsel abstained from appearin in Court and the matter was dismissed. Subsequently the matter was restored.
Now my specific query is; After the "restoration" does the interim order also get restored?
I ask becausethe Respondents have surreptitiously created Third Party rights after the matter was dismissed due to non appearance of the Applicants lawyer.
If the IO also gets restored then, I would highly appreciate if you were to be kind enough to give me citations from the SC or from Mumbai HC
Thanking you in anticipation and looking forward to your valued guidance
Naresh Kudal
(Expert) 11 April 2011
No interim order was not restored automatically. you need to file application for IO again and there is any third party interest has created, application for IO against third party is necessary.
