check madar 29 March 2024
I had filed a civil suit on 2015.
Original Suit was dismissed for default, of the plaintiff’s appearance on 2022.
Filed an IA to restore the same.
IA was dismissed for default, of the plaintiff’s appearance on 2023.
Trial not taken place in the original suit.
Can I file a fresh suit?
Under what order & Rule.
If so with different cause of action? Or the same?
If I am allowed to file fresh suit, can I file IA along the suit.?.
SAM (LEGAL) 29 March 2024
You should have filed notice of motion to restore the suit instead of filing Interim Application
T. Kalaiselvan, Advocate (Advocate) 29 March 2024
There is no point in giving any solution because the suit was dismissed for default and the subsequent restoration petition too was dismissed for the same reason i.e., for default.
You are tend to be very casual and careless after filing the suit or applicaiton for restoration hence on filing a fresh suit also your attitude will be similar, therefore you can take the advise of your adocate i the local and proceed
Shashi Dhara 29 March 2024
If it has new cause of action you can file fresh suit.
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