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ashok kumar (Social Worker)     04 January 2013

Defendent not replying to restoration application

 

The petitioner’s case was dismissed in default due to non appearance. The petitioner filed an application for Restoration under Order 9 Rule 9 read with Section 151 & 141 and for delay condonation under Section 5 of the Limitation Act!

 

The defendants are not submitting the reply to the restoration application of the petitioner for long.

 

Question: How long can the court allow such non submission of the reply to the application for restoration?



Learning

 2 Replies

rahul (director)     04 January 2013

court dont need opppnent's reply to allow restoration application.

ashok kumar (Social Worker)     04 January 2013

Rahulji

That isnt the correct knowledge with you!

when a suit or a case is dismissed in default you have to make an application for restoration. The court than issues notices to teh defendent and the suit is restored ONLY AFTEr hearing teh defendent also


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