• Civil case dismissed for default, revival options, time frame

I have a civil suite filed against me. But since the petitioners failed to appear for an IA filed, it was dismissed and the civil suite also dismissed for default. During this time my advocate expired due to covid and hence i need to know if the petitioners have filed any restoration/revival petition and also need to know if they have restored the case. I am searching under http s://districts.ecourts.gov.in/ website to see if any application was filed, but not sure how to do the search and under which category of case type , following are the question i need help

1. how to search under https://districts.ecourts.gov.in/ for filing number/reg no to see if any restore application filed to restore a civil case dismissed for default
2. max time frame to restore civil case dismissed for default
3. civil case dismissed for default revival/restore options.
 
If all three questions cannot be answered then my priority is question 1, then question 2, and then question 3

NOTE: My lawyer is not more due covid..Hence I am not able to check with my lawyer currently.
Asked 22 days ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

An application filed for restoration of suit will not be uploaded online. Status of case will be uploaded only if the case is restore. Case file against you will not be restored without notice to you.


Status of suit for default will not be uploaded online. Suit will be uploaded only if it is restore. Suit will not be restored without notice to you.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

1. You will not get the detail of the IA filed for restoration of the main suit because once the suit is dismissed then the case will not appear in the ecourts with regard to the further transactions till, the suit is restored.You may have to pursue the matter through a different advocate if your advocate is not living anymore.

Once the courts resume for normal herings, you can engage the services of an advocate and pursue the matter and clarify all the details.

2. The restoration petition can be filed within one month from the date of dismissal for default or else they may have to dd another application under section 5 of the limitation act to condone the delay in filing the restoration petition beyond 30 days period, with reasons thereto.

3. The plaintiff has to file a petition under Order 9 Rule 9  for restoration or set aside the dismissal order within 30 days from the date of dismissal.

 

T Kalaiselvan
Advocate, Vellore
72756 Answers
1110 Consultations

5.0 on 5.0

You have to search under  civil case number year of filing , name of parties 

 

2) when you enter the details you would get the details of case , when it was dismissed , if any interim application filed or not 

 

3) plaintiff has to take out notice of motion for setting aside order of dismissal together with affidavit in support 

 

4) If the suit is dismissed under Rule 3 order 9 on account of non-appearance of the parties, it would be open to the court to set aside the order by which the suit was dismissed and to restore the suit to its original file. 

 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5249 Consultations

5.0 on 5.0

Give vakkalath to other advocate and may have to pursue the present status of the case. The restoration petition can be filed within one month from the date of dismissal for default, a condonation petition also accepted for delay after one month. Normally you will get notice of IA . Now the IA is not reflected web site and app.

Ajay N S
Advocate, Ernakulam
3825 Answers
82 Consultations

5.0 on 5.0

Dear Sir/Madam,

1. Regarding your first question, please look into the following tutorial https://www.youtube.com/watch?v=lll5NIoCfmA&list=PLEPhpCrSmo94X7WCQt1KMKK8UNYSAEbO8 

2. As per Article 122 of the Limitation Act, the time frame is 30 days.

3. Restoration can be allowed when the other side has not filed any counter. 

The applicant is not required to explain each day’s delay individually rather if reading the explanation given by him as a whole makes out sufficient cause which prevented him from attending the hearing of a case when the suit was dismissed in default the Court adopting a pragmatic approach and not a narrow view should allow the parties to get their dispute decided on merit and not shut out a party by adopting a hypertechnical approach.

Thank you

  • For more assistance, you may book a consultation with me
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

You need to search the same through case no, lawyers name Or party name. 

In pandemic it may take time. Generally it may take 6 months with date 

You can file the application for restoration in the same court

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

1. You can check it from Ecourts portal or engage another lawyer.

2. If a restoration application is filed then you would get the notice from court.

3. The dismissal of suit for default is remediable through a revision petition before the High Court.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

1. If you not having case number , then can search with the name of parties 

2. The restoration application should be filed within one month /30 days from the date of dismissal 

- However, it can be filed lately as well on the ground of medical etc

3. If you have received the summons of the court earlier or having any copy of that case , then you can get the case number from the same. 

- Further , if a restoration application has been filed , then notice to other party is mandatory , and the suit cannot be restored in the event of non service to other party. 

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer