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Query pertaining to stay order on restoration matter
28-Oct-2023 (In Civil Law)
There was injuction/stay order to deal in particular properties in family dispute. Case was dismissed for default. It was restored subsequently. Whether the stay order continues once case is restored automatically. Court has restored the case but did not mention regarding stay order. Property was sold. Court had taken suo motto against the seller.
When restoration of the suit or appeal is allowed, the parties are to be restored to the same position in which they were situated when the court dismissed the suit or appeal. Then on restoring the appeal dismissed for default, the ancillary matters disposed of in consequence of such dismissal must also get restored and the consequential orders passed on dismissal of the suit or appeal should automatically get vacated
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dismissal of suit under CPC
Limitation for restoration of appeal
limitation for restoration of suit
Article 122 of Limitation Act
Limitation for restoration of writ petition
Restoration of suit under CPC
Application for restoration of suit under CPC
A suit is dismissed for default can a fresh suit be file without permission of the Court
Dear client,
As per the details given by you I would like to say , better answer can be given after seeing the restoration order but legaly speaking if the suit is restored it means it is restored in the previous form and manner and all orders in the suit automatically restores.
As per the details given by you I would like to say , better answer can be given after seeing the restoration order but legaly speaking if the suit is restored it means it is restored in the previous form and manner and all orders in the suit automatically restores.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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