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My BHabhi filed two cases against our family,one (suit for declaration)was later on withdrawn by her and second case of Domestic violence was decided in our favour,against the order in domestic violence case, my bhabhi preffered an appael in sessions court,in which i alongwith my lawyer 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for declaration we will raise no objection and we will help her for restoration of that case which was dismissed as withdrawn.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application for restoration.I want to know whether in given facts court can restore this suit which was dismissed as withdrawn abt 3 years ago.Secondly i want to know in view of our statement ,court is bound to restore the suit,kindly help me ,i want to contest this application.Thanks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
Devajyoti Barman
(Expert) 14 December 2011
1. What was the reason for no objection in restoring the suit and what is the reason now to oppose it?
Give clarification of these.
In what manner- orally or in writing did you undertake not to oppose her restoration petition?
2. It would depend upon the court as to how he would press for proof of your undertaking not to oppose the restoration petition.
Querist :
Anonymous
(Querist) 14 December 2011
R/Sir
In another case of pending appeal of domestic violence case we give this undertaking in writing and in view of our undertaking that appeal was dismissed as withdrawn.Reason for giving that undertaking was that my Bhabhi is a notorious lady and at that stage of arguments in appeal in DV Case ,we decided to take risk and in apprehension of any adverse order or remand back the DV act case, we give this undertaking,in fact there is a dispute for custody of 5 years boy of my Bhabhi (Widow)this boy was given in adoption by my above Bhabhi to my elder brother and his wife vide a adoption deed and later on she filed case of DV act and suit for declaration for declaring adoption deed null and void,this suit was later on dismissed as withdrawn by the statement of plaintiff i.e. my Bhabhi.Our thought behind this undertaking was just to avoid any adverse order in dv case at the cost of this undertaking,however our adoption deed is a very strong documents and is duly registered and it was executed in presence of advocates and witnesses.Thankyou very much for prompt response .Regards
