Suit dismissed & restored - what will be the next stage?
KmeduVishnu
(Querist) 06 February 2013
This query is : Resolved
Dear Experts,
It is a suit on promissory note.
When the suit is posted for commencement of trial , the plaintiff failed to appear as such the suit was dismissed for default.
Then within 30 days the plaintiff moved an application for restoration of suit.
In that application, Notice was ordered to defendant.
Defendant received the court notice but failed to appear before the court as such the “restoration of suit petition” was allowed on exparte and the suit was restored on file.
Now my doubt is, if the defendant received the court notice in the said restoration of suit application, but failed to appear as such:
(1) whether the suit may be posted for exparte evidence in the main suit; or
(2) whether the suit may be posted for original stage as it stood before dismissal, namely it should be posted for “Trial”.
Kindly advice me in this regard.
Raj Kumar Makkad
(Expert) 06 February 2013
After restoration of the suit, the same shall be posted at the stage when the order of the dismissal on default was pronounced irrespective of subsequent ex-parte order passed against the defendant/respondent.
Devajyoti Barman
(Expert) 07 February 2013
It would be started from where it was dismissed.
R.K Nanda
(Expert) 07 February 2013
agree with Barman.
KmeduVishnu
(Querist) 08 February 2013
Dear Experts,
Thanks for your kind and valuable advice.
