Case dismissed
tagoretiwari
(Querist) 14 February 2015
This query is : Resolved
sir
after several adjournments due to absence of plaintiff evidence, ultimately the case has been dismissed by the court. The case is related to forged agreement of sale and managed by the plaintiff for about 4 years. In such case of dismissal, plaintiff intend to proceed for appeal and what is the time period avaialble to plaintiff for filing appeal in higher court. in case appeal filed how long it will take.
Devajyoti Barman
(Expert) 15 February 2015
For appeal 3o days time is there.
The plaintiff can file application in the same court for restoration of the suit under order 9 rule 9 of cpc.
Fresh suit is barred on same cause of action.
ajay sethi
(Expert) 15 February 2015
disposal of appeal depends upon pendency of cases in appellate court . no fixed time period can be mentioned . even if plaintiff does not file appeal within 30 days he can make application for condonation of delay
Rajendra K Goyal
(Expert) 15 February 2015
He can prey for restoration of suit in the same court.
Appeal time is 30 days, even after it can be filed with condonation of delay.
Time of decision of appeal depends on the rush of cases with the court.
M V Gupta
(Expert) 16 February 2015
I agree with the above views
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Instead of preferring appeal before the higher court, it is better to file set aside application as suggested by experts and get the case restored in the trial court itself and conduct the trial afresh.
Surrender K Singal
(Expert) 21 February 2015
That is the most viable course for restoration of dismissed Suit, citing sunstanciated reasons for repeated non-prosecution by Plaintiff
V R SHROFF
(Expert) 23 November 2015
get the case restored in the trial court
