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Restoration application- Application filled within 30 days


07-Aug-2024 (In Divorce Law)
Case was dismissed in default for non-appreance and restoration application has been filled within 30 days. It was dismissed as previous lawyer didn't inform about the dates and relevant details in my Civil Suit. I wanted to know do we have any supreme court judgement to whom we can rely and argue on our mater at the time of argument as on next date they will counter on application with reply. What would the normal changes in restoration of cases in this matter. Thanks
Answers (3)

Answer #1
758 votes
Hi, If your case has been dismissed for non prosecution and your application shows that it was not your fault then in the interest of justice court generally allows the application by imposing some cost sometimes.
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Advocate Meenakshi Garg

Adv. Meenakshi Garg

LawRato Delhi | 100+ Answers
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Answer #2
891 votes
Supreme Court in the case of Rafiq and Anr versus Munshilal & Smt. Lachi and Ors versus Director of Land Records has held that a party should not be made to suffer for the default of his advocate if the party has done everything in his power expected of him. You can use these observations and plead your case. Feel free to contact me for further guidance.
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Advocate Akshay Sharma

Adv. Akshay Sharma

LawRatoDelhi | 25+ Answers
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Answer #3
521 votes
yes there are a number of judgments for your case. if it is the fault of your lawyer. if the case is restored to it original stage nothing can change and the court will hear your case from the stage it was dismissed.
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Advocate Akhilesh Kamle

Adv. Akhilesh Kamle

LawRatoDelhi | 50+ Answers
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