restoration of civil case
jagadhathri
(Querist) 04 October 2009
This query is : Resolved
in a civil case if a suit is dismissed for default it can be restored by filing restore petition... like that in a criminal case if a complaint was dismissed whether it can be restored...
Sachin Bhatia
(Expert) 04 October 2009
Yes criminal complaint can also be restored. But Criminal court has no power like the one which a civil court possesses to restore a complaint dismissed in default.
But you have to knock the door of High Court under Section 482 Cr.PC.
Sachin Bhatia
(Expert) 04 October 2009
Code of Criminal Procedure 1973 , Section 482
Saving of inherent power of High Court.
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
adv. rajeev ( rajoo )
(Expert) 04 October 2009
U cannot file restore application, you have to follow the advise of Sachin
Adinath@Avinash Patil
(Expert) 04 October 2009
In crminal case complaint is dismissed for default.You cannot ask for estoration,but may approach High court & file wri petition.
kranthi kiran
(Expert) 05 October 2009
As pointed out by learned Seniors,the Subordinate Courts have no power to restore the Complaint, dismissed by them for default. Keeping in view the remedy available to civil cases under O 9 R 9 C.P.C, I think Law Vommission of India has proposed and submitted an amendement to the Cr.P.C so as to confer rights on the Judges of respective Courts to restore the Criminal Complaints dismissed by them for default.
Let us hope that the same is approved and the bill is passed at the earliest.
