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Sagar Sarin (Intern)     11 September 2012

Motion of restoration of summary suit

Can a summary suit be restored if it was dismissed ?If yes, what is the procedure and where is the procedure laid down?



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 4 Replies

Sagar Sarin (Intern)     11 September 2012

Dismissed due to non appearance or any reason.

Adv. Meenakshi S (Advocate-Sra and Mhada matters)     12 September 2012

U need to file an application in the same court for restoration stating reasons for such default ....Your lawyer must have done that already? It sa summary suit, should be restored....?

Rabindran (Not applicable )     09 August 2013

Order xxxvii CPC does not provide any rule for restoration of summary suits dismissed for default while rule 4 enables setting aside exparte decree. In such circumstances what is the correct provision of law for restoration of a summary suit dismissed for default.

surjit singh (Assistant)     09 August 2013

Please see Order 37 Rule 7, where it says that  the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.


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