Restoration in Civil Suit

[Amandeep Singh]

Stages of my case below:

1. Plaintiff put Suit for Recovery on me.

2. Court put cost of ₹ 500/- for non evidence of plaintiff.

3. Court put case dismiss in default for not providing evidence and non appearing of plaintiff counsel.

4. Plaintiff through Special Power of Attorney put restoration application by citing reason wrong noted date by his advocate. His advocate also filed his affidavit alongwith SPA restoration application.

5. In reply to restoration application, I wrote 6 points: (i) That SPA has not authority to file restoration application. (ii) That there is no resolution of company to empower Director of the company to appoint SPA for the purpose of filing restoration application. (iii) That plaintiff got 3 effective chances from the court whereas despite of availing 5 opportunities for evidence, plaintiff is trying to delay the case. (iv) If plaintiff heared wrong date, did he made efforts for the service of witness on the date he heard wrong. (v) Plaintiff did place on record any evidence to to claim of noting or hearing wrong date. (vi) That the present application is barred by the limitation of law because plaintiff put restoration application after the completion of 30 days from date of dismissal and not from the date of knowledge.

6. We have given many authorities of High Court regarding limitation & many authorities of Supreme Court regarding evidence of noting down the wrong date.

7. Today plaintiff advocate gave authority that case can be restored if he has given his affidavit in support with SPA restoration application.

8. My question is whether this restoration application would be allowed or dismissed?

Thanks & regards,

Amandeep Singh

M: 9888080188

AI Summary

Restoration of suit requires satisfactory explanation for non-appearance and proper authority to file, not merely an advocate's affidavit.
Restoration of a civil suit dismissed for non-appearance requires the applicant to show prevention from appearing and that the petition is within the limitation period; courts will weigh the explanation against respondent objections. Procedural challenges may include lack of authority in a Special Power of Attorney, absence of a company resolution authorizing the agent, and the inadequacy of an advocate's affidavit as standalone proof; respondents may rely on authorities on limitation and evidence to oppose restoration.