Restoration of rejected plaint

Querist : Anonymous (Querist) 22 August 2023 This query is : Resolved
Plaintiff filed a suit for possession against the defendant. Defendant moved an application under order7 rule 11, CPC for rejecting the plaint on the ground of failure to file the sufficient court fee. The application was dismissed by the trial court. However revision was allowed by the high court with effect that the trial be continued but judgement be stayed until the court fee is paid. Plaintiff instead of filing court fee in the trial court, filed an SLP in the Supreme Court. Supreme Court did not grant the stay. Meanwhile, as the court fee was still not paid by the plaintiff, the trial court rejected the plaint and consigned the case file to the record room. Thereafter, Supreme Court allowed the Plaintiff's application against the order of High Court (Supreme Court was misled by the plaintiff as the fact of rejection of plaint was concealed). Now, the Plaintiff moved an application in the Trial court and the trial court restored the suit without intimating the defendant. Is it legal? Please help and give the remedy with relevant case laws.

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T. Kalaiselvan, Advocate (Expert) 22 August 2023
For case laws you have to contact your own lawyer.
You say trial court has restored the case without notice to you then how did you come to know about it?
It is not possible that your advocate has not been intimated about the restoration of the case as per supreme court orders.
Since your advocate is in the knowledge of the same, you have no option than to continue with your participation and challenge the case on merits.
Moreover it cannot be believed that the plaintiff has mislead the supreme court by suppressing the fact of rejection of plaint before it.
The papers and the reasons along with synopsis or dates and events has to be filed before supreme court without which supreme court may not entertain the appeal.
First of all ascertain the details and then post the question so that you will get proper opinion.

P. Venu (Expert) 30 August 2023
What is the Case No.? Which Court?

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