https://www.taxtmi.com/caselaws?id=297205 Restoration of a suit dismissed for default under Order IX Rule 9 CPC ordinarily puts the parties back in the position they occupied before dismissal, so the suit proceeds as if no dismissal had occurred. In that setting, ancillary and interlocutory orders passed before dismissal are also revived and remain operative during the period between dismissal and restoration, unless the restoration order expressly or by necessary implication excludes them. The court noted that third-party rights or acts done when an interlocutory order was not actually in force may require separate consideration, but that does not displace the general rule of revival. The contrary contention failed. en-us Wed, 02 Feb 1977 00:00:00 +0530 Mon, 23 Aug 2021 13:02:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297205 Restoration of a suit dismissed for default under Order IX Rule 9 CPC ordinarily puts the parties back in the position they occupied before dismissal, so the suit proceeds as if no dismissal had occurred. In that setting, ancillary and interlocutory orders passed before dismissal are also revived and remain operative during the period between dismissal and restoration, unless the restoration order expressly or by necessary implication excludes them. The court noted that third-party rights or acts done when an interlocutory order was not actually in force may require separate consideration, but that does not displace the general rule of revival. The contrary contention failed. Case-Laws Indian Laws Wed, 02 Feb 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297205