limitation act
mahobatsinh dodia
(Querist) 11 October 2013
This query is : Resolved
Suit was dismissed for default on 12/2/2008 n it was due default on the part of aor has not taken care of proceeding restoration app filed in october, 2008 without delay app bt disclosed that after aor has nt informed n when get information filedit so it is in limit now said restoration app dismissed by reasoning no delay app was filed .may I know can I get justice in higher forum.pl be guide me
mahobatsinh dodia
(Querist) 11 October 2013
I wish to know what is required to show before higher forum
R.K Nanda
(Expert) 12 October 2013
IN WHICH COURT CASE WAS PENDING.
R.K Nanda
(Expert) 12 October 2013
YOU CAN GO TO HIGHER FORUM BUT CHANCES NOW ARE VERY POOR.
mahobatsinh dodia
(Querist) 12 October 2013
Sir it was pending with ahmedabad rural court in SD jurisdiction bt restoration app was dismissed on ground no delay app was filed bt in restoration app delay grounds msntioned n in written arguements whole story of case n explaination mantioned with certain judgements now I have two option 1.file restoration app twice in same court with delay app
2.file appeal u/s 96 of cpc before district judge
May I know as per judgement of AIR 2002 SC 451 is helpfull in fact last occasion drawen attention for the same n attachef this judgement also
mahobatsinh dodia
(Querist) 12 October 2013
Sir I wish to know comments on last details which I have submitted
mahobatsinh dodia
(Querist) 12 October 2013
I wish more experts comments on mu querry
ajay sethi
(Expert) 12 October 2013
how can suit be restored without aan application for condonation of delay mentioning the reasons for filing application after period of 5 years . courts generally condone delay on imposition of cots but reasons for delay have to be mentioned .
your application for restoration has been rejected now file appeal for setting aside order of dismissal of case and mention reasons for delay .
mahobatsinh dodia
(Querist) 12 October 2013
Suit dismissed on 12/2/2008 due to default of lawyers.knew on 24/11/2008 demanded certified copy whch recd on 5/12/2008 restoration app filed on 24/12/2008 explaination wirh regards to delay made in app which was rejected on 1110/2013 now I wish to know what is requiref to take action pl be refer my earlier queries can helpfull the judgement of AIR 2002 SC 451
mahobatsinh dodia
(Querist) 12 October 2013
Can I file new restoration app with delay app before same court with keeping in mind the judgement of AIR 2002 SC 451 DEVINDRA PAL SAHEGAL
Raj Kumar Makkad
(Expert) 13 October 2013
You can try for it but the chances of its acceptance are remote.
