The court did not mention under which order of CPC, the application was dismissed. I feel, it should be under order 9 rule 8 of Civil Procedure Code.

It is not necessary that the court has to mention the proper provisions of law for dismissing the case for default.

Now I, as a sole trustee wish to file a restoration application (with delay condone of 3 months) to set aside the order of DiD under order 9 rule 9 of CPC.

Please let me know whether I am taking correct steps ? Or if I am wrong what is correct steps ?

Where a suit is wholly or partly dismissed under Order IX rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action, But he may apply for an Order to set the dismissal aside, and if he satisfies the court that there was sufficient cause for his non appearance when the suit was called on for hearing, the court shall make an Order setting aside c the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.

You can file a petition under order IX rule 9 CPC

Dear Client,

Restoration application will file under O9 Rule9 CPC. You are on right course, also file application u/O22 R3 for substitution of party.

you have to file application under Order 9 Rule 9 of CPC for restoration of suit dismissed in default.

2) it should be supported by an affidavit explaining reasons why applicant could not remain present .

3) enclose applicant death certificate .

You are on the right path sir, proceed with filing of an application under order 9 rule 9 of CPC accompanied with your affidavit. The grounds of your application should be focused on the demise of your father and due to that laxity was committed. Annex your fathers death certificate.

Sir under order 9 Rule 9 of CpC a restoration application with supporting affidavit for setting aside the order and restoring the suit to original number has to be filed. Also a application for joining legal heirs has to be filed since the original plaintiff has expired both application has to be decided at same point of time.

it depend how much time passed after 3 months. You have an another option to file another application afresh. It is not clear that if your father approached the charity commissioner only or gone to civil court also. The dismissal in default is by a Court or by Commissioner Charity.? There are many more other ways also with you..