No objection for restoration of suit after two and half years
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
R/experts
My BHabhi filed two cases against our family,one 9suit for declaration)was later on withdrawn by her and second case of Domestic violence was decided in our favour,against the order in domestic violence case, my bhabhi preffered an appael in sessions case,in which i alongwith made a statement that "in case my bhabhi will file any application for restoration of her suit for declaration we will raise no objection and we will help her for restoration of that case which was dismissed as withdrawn. Now she has filed an application for restoration of the suit at its original no. and stage,i want to contest this suit now, i have changed my lawyer just to get a date for reply of the application for restoration, in case my earlier lawyer who has made a statement of no objection alongwith me, appear in this suit than obviously court and my bhabhi will insist my earlier lawyer to make a statement of no objection for restoration of the case.now next date is fixed for reply and consideration on this application for restoration.I want to know whether in given facts court can restore this suit which was dismissed as withdrawn abt 3 years ago.Secondly i want to know in view of our statement ,court is bound to restore the suit,kindly help me ,i want to contest this application.Thanks in advance
Ramesh Hisar
Raj Kumar Makkad
(Expert) 15 January 2012
You would thought the consequences of the restoration prior to your undertaking. It is not good for you to resile from your own undertaking given through this or that lawyer. Undertaking is of the party and not of an individual lawyer.
