Requirement of summons in case of restoration of case

Querist : Anonymous (Querist) 02 May 2020 This query is : Resolved
A civil suit was dismissed in default by the court due to non-appearance of both plaintiff and defendant. However, the plaintiff applied for restoration of the case within 30 days and the case was restored by the court. Now, is the plantiff required to send the summons to the defendant again or not?

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Raj Kumar Makkad (Expert) 02 May 2020
Yes. As the suit was dismissed as default which stands now restored so it is essential to summon the defendant again in the restored case.

Dr J C Vashista (Expert) 03 May 2020
How would the defendant come to know that the suit (case) has been restored and she/ he is required to attend the proceeding of the Court / defend without a notice to him ?
Accordingly the defendant shall be issued with proper notice through proper process of the Court.

PARDEEP KUMAR (Expert) 03 May 2020
You need to file PF and rest would be done by the court.

Rajendra K Goyal (Expert) 03 May 2020
Yes is the reply, summons need to be sent.

P. Venu (Expert) 03 May 2020
Had the defendant made appearance and filed Vakalat? If so, restoration takes place only with notice to the opposite party. If so, to my knowledge, no further summons need to be issued.

Raj Kumar Makkad (Expert) 03 May 2020
Even if the defendant had appeared individually or through his counsel prior to the dismissal of the suit then also he is required to be summonned afresh on restoration of the suit. There is no mandatory provision to call the defendant prior to the acceptance of the application seeking restoration of the suit.

Rajendra K Goyal (Expert) 04 May 2020
After restoration orders in dismissed in default cases, summons to other party are necessity and procedural. It informs the other side to defend / proceed with the case as dismissal orders in default has been set aside.

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