Restoration in Civil Suit, Other Topics

[Amandeep Singh]

Stages of my case below:

1. Plaintiff put Suit for Recovery on me.

2. Court put cost of ₹ 500/- for non evidence of plaintiff.

3. Court put case dismiss in default for not providing evidence and non appearing of plaintiff counsel.

4. Plaintiff through Special Power of Attorney put restoration application by citing reason wrong noted date by his advocate. His advocate also filed his affidavit alongwith SPA restoration application.

5. In reply to restoration application, I wrote 6 points: (i) That SPA has not authority to file restoration application. (ii) That there is no resolution of company to empower Director of the company to appoint SPA for the purpose of filing restoration application. (iii) That plaintiff got 3 effective chances from the court whereas despite of availing 5 opportunities for evidence, plaintiff is trying to delay the case. (iv) If plaintiff heared wrong date, did he made efforts for the service of witness on the date he heard wrong. (v) Plaintiff did place on record any evidence to to claim of noting or hearing wrong date. (vi) That the present application is barred by the limitation of law because plaintiff put restoration application after the completion of 30 days from date of dismissal and not from the date of knowledge.

6. We have given many authorities of High Court regarding limitation & many authorities of Supreme Court regarding evidence of noting down the wrong date.

7. Today plaintiff advocate gave authority that case can be restored if he has given his affidavit in support with SPA restoration application.

8. My question is whether this restoration application would be allowed or dismissed?

Thanks & regards,

Amandeep Singh

M: 9888080188

Posts / Replies

[MARIAPPAN GOVINDARAJAN]

It seems that the suit was dismissed as ex-parte. Restoration petition can be filed against the ex-parte order within the limitation period. The petitioner is to satisfy the court that the petitioner was prevented from appearing the hearing date fixed by the Court. If the court considers the reasons put forth by the petitioner and the objections raised by the respondent and if it satisfies itself that it is a fit case it may restore the civil suit.

[Amandeep Singh]

Thanks sir

I am defandent and want this restoration application to be dismissed. So that I can lodge FIR against plaintiff took take my money back.

I just wanted to know whether affidavit of advocate which supports SPA restoration application is strong ground to restore the case.

Do you have any judgement which cites that affidavit of an advocate with SPA restoration application is not the ground to restore a civil suit case?

Do you have any judgement which cites SPA cannot file restoration application in civil suit case because SPA is neither empowered by the director in the resolution of the company nor SPA has power to file restoration application is per law?

Regards

[MARIAPPAN GOVINDARAJAN]

You may contest the case and put forth all the objections, according to you are merit, before the Court against the restoration of the civil suit.