shankar (advocate) 26 November 2010
X filed case against Y for recovery of certain amount from Y, for not adducing the evidence by X the suit was dismissed for default, the set aside petition was filed by the advocate instead of filing by the X, whether the interlocutory application is maintainable or not? kindly advise me
adv. rajeev ( rajoo ) (practicing advocate) 27 November 2010
Application along with an affidavit to restore the suit is necessary, some times when plaintiff is not available advocate can file an application to restore with memo of facts, but it is discretarionary powers of the court accept the appliction along with memo of facts.
If court denied to accept the application along with memo of facts except filing miscelleenous appeal plaintiff has no other way.
Adv B.B.Gambhir #9814820602 (advocate) 27 November 2010
yes as per law an advocate can file an application for restoration of petition on the valid grounds. that application should be supported with an affidavit.
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