Suit dismissed for default

Ramesh Tikamdas Bajaj (Querist) 27 March 2013 This query is : Resolved

In a LE suit in small cause court in Mumbai the plaintiff's suit is dismissed for not filing evidence for 2 years and for not being present in court for most of the dates.

Can plaintiff move application for reinstating / reviving the suit? Can we object on the following grounds?

1. That these are all delaying tactics as plaintiff cannot prove that he is owner/ landlord as he does not have evidence
2. Can we insist that correct stamp fees be paid befor reinstating/ reviving the suit.? The stamp fees paid are just a fraction.
3. Any other suggestion on how we can object as the LE suit has been filed just to harrass and make us spend money. Unfortunately courts do not verify authenticity of suit, in this case, whether plaintiff is owner / landlord and if he has paid proper stamp fees.

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prabhakar singh (Expert) 27 March 2013
The plaintiff can file restoration.
1.You should not if were not to deny title or relationship of land lord and tenant.

2.Yes! You can.

3.Unless you are not his tenant or he is not your land lord,denial may lead to a decree of eviction.

Advocate M.Bhadra (Expert) 27 March 2013
It may be filed an application under order 9 rule 9 read with sec.151 CPC for restoration of suit and note as per your query:---

1) A bone-fide land lord would not deny right and and title for causing delay.

2)Yes submit deficit court fees.

3)File a Written Statement to raise your objection.