Time limit for reviwal of suit
Amit
(Querist) 22 July 2014
This query is : Resolved
I am a defendant in a Civil suit in the city civil court mumbai. Original side under specific performance act.
The court dismissed the case for want of procecution on 18th jan 2014.
Now the plaintiff has filed a notice of motion to revive the case stating he was not aware of the datse and then he was unwell.
He has attached a doctors certificate which states he was adviced rest for six months because of Bronchitis and hypertension form sept 2013 to feb 2014
by a MBBS doctor.
He has stated that he is late by 7 days for the application.
Need clarification for the same.
If he was present in other suits during those six month will the proof help?
Y V Vishweshwar Rao
(Expert) 22 July 2014
Suit is dismissed for Default -Can be restored on application - within 30 days -If there is delay , a delay condonation Petition can be filed . The Reasons for not appearing on the date of dismissal to be to the satisfaction of the Court -if he Petitioner was appearing in other cases during that period , the Medical Certificate may be incorrect . These this can be pressed for the rejection of the Application for Restoration of the Suit .
Dr J C Vashista
(Expert) 22 July 2014
I agree with the opinion and expert advise of Sh. Y V Vishweshar Rao the suit can be restored, however, you must contest revival of the suit, prima facie medical certificate is obtained/ bogus(challange it). Moreover, counsel for the plaintiff should have informed the Court regarding absence of plaintiff.
malipeddi jaggarao
(Expert) 22 July 2014
While I agree with the above experts, generally Court will condone the delay side aside its own decision of dismissal on grounds of default unless there is a strong to reason to believe otherwise. If you can prove that he has attended in other courts during the same time and if you can prove that doctor's certificate is bogus one, you can press for rejection of restoration application.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 22 July 2014
1)While I partly agree with expert VVV Rao, querriest is defendant. Suit dismissed is of plainthief per se. There is also delay.
2)It is improbable to revive suit as suit is dismisses for want of prosecution.
3) At the most court will direct to bring fresh suit.
4)Your pleader must take strong objection for revival.
Hope above replies will satisfy u
Adv.JEEVAN PATIL
Gopal Verma Advocate-on-Record
(Expert) 22 July 2014
It is the discretion of the court to revive the suit or not however the facts suggests that the person is lying if he has appeared in other case during that period and is producing a false certificate.
R.M.Bhaduri
(Expert) 22 July 2014
as defendant you have to contest the restoration of suit and falsify the evidence of the plaintiff, rest take help of a good lawyer who will guide you.
Raj Kumar Makkad
(Expert) 22 July 2014
Well advised by experts hence no more to add.
T. Kalaiselvan, Advocate
(Expert) 24 July 2014
There is nothing wrong in filing the restoration petition along with condone delay petition. Though it is a common scene in civil suits, the defendant can strongly oppose, but you should remember one thing that your advocate is fighting here for the defendant today and he has to be on the other side on a similar case in the same court some day challenging such defence attack, so it again depends how much your advocate exerts pressure on it as well as it depends on the discretion of the court.
Amit
(Querist) 24 July 2014
I have met the doctor who issued the certificate. He has given me a certificate that states he was totally fit to attend court and he has misused his certificate.
He has filed other suits during this time. have the high court search case details for the same.
He also stated that he was unaware of thhe case dates and when he enquired for the same in the court he was not told about the dates, where as my lawyer has couriered him the date details.
Raj Kumar Makkad
(Expert) 24 July 2014
The act and conduct of that person shall definitely help your case.
