188+ Lawyers are online 
whether suit dismissed under order 17 rule 3 be treated as a decree
09-Aug-2023 (In Property Law)
whether suit dismissed under order 17 rule 3 be treated as a decree
Dear sir,
The suit dismissed under order 17 rule 3 can be said to have been decided finally and yes based on the order passed as per the above, a decree would be drawn.
However, a suit dismissed under the aforesaid provision can also be restored upon appeal, if appropriate reasoning is given. Also the courts tend to restore suits which are dismissed for non prosecution and not heard on merits, provided a valid and cogent reasons are given.
The suit dismissed under order 17 rule 3 can be said to have been decided finally and yes based on the order passed as per the above, a decree would be drawn.
However, a suit dismissed under the aforesaid provision can also be restored upon appeal, if appropriate reasoning is given. Also the courts tend to restore suits which are dismissed for non prosecution and not heard on merits, provided a valid and cogent reasons are given.
Helpful?
17+
17+
Adv. Mauleen Marfatia
Ahmedabad | 100+ Answers
CONTACT NOW
Dismissal of suit under CPC
Article 122 of Limitation Act
limitation for restoration of suit
Case law on restoration of suit
Limitation for restoration of appeal
Application for restoration of suit under CPC
A suit is dismissed for default can a fresh suit be file without permission of the Court
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
