Regarding restoration petiton
prakash
(Querist) 24 March 2012
This query is : Resolved
Sir, In munciff court i had filed one E.P.as petitioner on suit for injunction set ex-party as contempt petition against some defendant in that suit the defendant filed one stay petition not to proceed contempt in which the court had order stay for three months now the three months had completed and going to came up for hearing next week my advocate suggest me to file restoration petition to vacate the stay. what to do please advice me.
SAINATH DEVALLA
(Expert) 24 March 2012
Dear Mr.Prakash,
I have some cases,which could be of some help to you.
2001(2) Civil Court Cases 296 (Kerala)
KERALA HIGH COURT
Manoharan
Vs
Ezhome Grama Panchayat
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 - Restoration of restoration application - Application is maintainable.
1993 Civil Court Cases 484 (Allahabad)
ALLAHABAD HIGH COURT
M/s C.P.properties Ltd.
Vs
M/s Matadin Bhagwan Dass & others
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 - Restoration of restoration application dismissed for default - Procedure provided for restoration of suit applies.
1997(1) Civil Court Cases 525 (Delhi)
DELHI HIGH COURT
Continental Construction Ltd.
Vs
Continental Float Glass Ltd.
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 - Application U.O.9.R.13 - Dismissed for default - Restoration of such an application can be ordered u/s 151 CPC
