• Revision or restoration petitions

Hai sir ., one judgement final decreed 1989 between father and sister of that father, In that suit father appear as a dependent ., father not lives with family., so after the father son try to get that from position declaration suit as a legal heir on year 1992 . but that suit is dismissed 2004 appeal also dismissed 2009 b'coz previous judgements papers and other papers not submitted from son's lawyer ., can i know the now restore or revision that son's case which one dismissed on 2009 ? .. Now papers available (settlement, patta, tax receipt allso have old suit decree  true copy )
Asked 7 months ago in Civil Law from Coimbatore, Tamil Nadu
1) how do you explain the delay of 7 years in filing appeal or revision ? 

2) you have to take out condonation of delay application . 

3) explain the reasons for delay 

4) only if delay is condoned would your appeal be heard 

Ajay Sethi
Advocate, Mumbai
23145 Answers
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1) only your local lawyer can guide you after going through your case papers

2) if your lawyer had suppressed this information about dismissal of case and you came to know only now of dismissal that could be ground for condonation of delay 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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You can apply for restoration only if the case has been dismissed in default but if it was dismissed after consideration and final arguments then the remedy is to file a further appeal subject to the provisions of CPC. 
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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It is really difficult to answer your query unless the judgment and decree is perused.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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can i know the now restore or revision that son's case which one dismissed on 2009 ? .. Now papers available (settlement, patta, tax receipt allso have old suit decree  true copy )

There is no possibility for restoration of the case dismissed in the year 2009.
You may have prefer an appeal along with an application under section 5 of the limitation act to condone the delay in preferring the appeal.
Alternately you may file a different suit with similar  or slightly modified cause of action instead of following up the dead case.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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 here with i need some informations .. how to proof the court is leave on 9-jan-1988 and 10-jan-1988 ., That son is affected Tuberculosis (TB ) .. also his family passed away before his 18 years .so he not well with financially .. . he is not know the fathers judgments details bcoz of he not having education qualification to read and understand the judgements .. .. now i come to the point which one reason is acceptable in above .. also need to know which reason can be accept this type of suit to fill delay application .. 2009 suit dismissed as ex parte judgement ..

The suit should have been dismissed for default and not an exparte judgment, right?
In fact as per you, it was an appeal that was dismissed and not the suit as you have wrongly mentioned here.
However ignorance of law cannot be considered as an excuse. 
For further actions you may visit my previous answer on the subject query.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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when case is dismissed by the court on mere procedural lacunae then it can be restored because court did not adjudicate the matter. when court did not adjudicated then doctrine of resjudicata will not apply in the case. 

your case is dismissed on want of necessary materials so you can restore it but have to prove legitimate reason behind delay in filing restoration application.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
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