Restoration petition
ramya
(Querist) 27 December 2014
This query is : Resolved
Sir,
We filed an IA in suit i.e reopen witness petition which was order in favour of us with cost but we failed to pay cost hence the petition was dismissed. shall we file restoration petition under order9rule9. whats the procedure otherwise shall we use 148 sec of cpc to extend the time for payment. The court is district munsif court whether it has power to restore even when it was ordered. Else we hav to file CRP in high court.
Devajyoti Barman
(Expert) 27 December 2014
The 'restitution' not restoration is allowed not under the provision of law you have mentioned in your query.
Clarify your query.
Rajendra K Goyal
(Expert) 28 December 2014
Author please answer the questions from the expert Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 29 December 2014
The cost imposed by court to allow the said would not have been heavy, it may be a nominal one, why don't you take a plea assuring that you will duly and promptly pay the cost on the petition being allowed this time and seek to allow the petition again. Imposing cost is a routine procedure which have to be complied by or else it will be treated as disobedience of court, so do not run a risk in the future.
