Please tell me whether EP petition which was dismissed can be restored.
shunmuga priya 26 June 2023
Please tell me whether EP petition which was dismissed can be restored.
T. Kalaiselvan, Advocate (Advocate) 27 June 2023
You can file a fresh EP if it was dismissed for default
If you feel that the fresh EP is barred by limitation you may file a. Petition seeking restoration of the petition dismissed for default.
Dr. J C Vashista (Advocate ) 27 June 2023
Yes, EP dismissed in default can be restored.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 June 2023
There is no provision in the Code of Civil Procedure for restoration of an execution which is dismissed in default or for non-prosecution. In case of a suit, which is dismissed in default, filing of a fresh suit is barred by reason of the provisions of Order 9, Rule 9 of the Code of Civil Procedure.
Dr. J C Vashista (Advocate ) 28 June 2023
I agree with learned expert Mr. Rama chary Rachakonda.
Thank you Sir for correcting me.
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