What is the procedure for case Restoration

555 votes

If the case was disposed ex-parte - meaning in your absence and without your Advocate advancing arguments on your behalf, then you can file a Recalling Application either through the same Advocate or different and pursue the case accordingly. Please note for restoration, a definite, clear reason has to be stated. I would advise you to first check the status of the case and find out the reason it was disposed for. If it was disposed after your Advocate argued on the case, then it means you lost the case and you can file an Appeal if the rules permit it.

LawRato LawRato

937 votes

Once writ petition filed under article 222 of Indian constitution disposed

You cannot restore the writ but you can appeal before supreme court by filing special leave petition under Article 136 of Indian constitution.
But the matter is disposed of in 2009 You have made inordinate delay in filing appeal

You have to file condone delay application with your appeal
If delay application allowed you will get relief if you have merits
If delay application dismissed you have to come back
So if you have merits and give good reason for delay , you approach supreme court

Regards from
Ravindra

Advocate Ravindra Prasad LawRato

810 votes

Dear Sirs,

You can engage the other lawyers and restore the case. You need to show sufficient grounds for restoration and the delay. Provide all other details on the case to the advocate.
Regards,
Sadanand

Advocate Sadanand Naik LawRato

922 votes

An appeal for the restoration of the Writ Petition can be filed in the Karnataka High Court. The petiton should give detals of each default and the conduct of the counsel in misleading the client. However it is felt that the chances of restoration are not very bright considering the time lapsed.

LawRato LawRato