Suit Dismissed for Default, Restoration Application also dismissed for default – What are the Remedies Available?
Table of Contents
Introduction
Understanding Suit Dismissal for Default
Restoration Application Dismissed for Default
Available Remedies
Filing a Review Petition
Filing an Appeal
Filing a Fresh Suit
Conclusion
Introduction
When a suit is dismissed for default and the restoration application is also dismissed for default, it can be a challenging situation for the affected party. This article discusses the legal remedies available under Indian Law to address such situations and help the affected party seek justice.
Understanding Suit Dismissal for Default
A suit can be dismissed for default under Order IX of the Code of Civil Procedure (CPC) when the plaintiff fails to appear before the court on the date of hearing. In such cases, the court has the authority to dismiss the suit.
Restoration Application Dismissed for Default
If a suit is dismissed for default, the plaintiff can file a restoration application under Order IX, Rule 9 of the CPC to restore the suit. However, if the plaintiff fails to appear before the court during the hearing of the restoration application, the application may be dismissed for default as well.
Available Remedies
When a suit is dismissed for default and the restoration application is also dismissed for default, the following legal remedies are available:
1. Filing a Review Petition
The affected party can file a review petition under Order XLVII, Rule 1 of the CPC, seeking a review of the order dismissing the restoration application. The review petition must be filed within 30 days from the date of the order. The court may grant a review if it finds sufficient grounds for doing so.
2. Filing an Appeal
The affected party can also file an appeal under Section 96 of the CPC against the order dismissing the restoration application. The appeal must be filed within the prescribed time limit, which is usually 30 days from the date of the order. The appellate court may, after considering the facts and circumstances of the case, set aside the dismissal order and restore the suit.
3. Filing a Fresh Suit
In cases where the review petition and appeal are not successful or feasible, the affected party may file a fresh suit, provided that the limitation period for filing the suit has not expired. It is essential to consult with a legal expert to determine whether this option is available and appropriate for your specific case.
Conclusion
When a suit is dismissed for default and the restoration application is also dismissed for default under Indian Law, the affected party has several legal remedies available. These include filing a review petition, filing an appeal, or filing a fresh suit, depending on the specific circumstances and the applicable time limits. Consulting with a legal expert can help you understand your rights and choose the most appropriate course of action to ensure that your case is adequately addressed and justice is served. It is essential to act promptly and within the prescribed time limits to avoid losing your right to seek legal redress.
