• Restoration of a case which was dismissed for want of prosecution

Hi,

A Civil Case listed in SC was dismissed for want of prosecution. Application for restoration was filed before Diwali holidays.

 How many dayswes does it generally takes for a case to be restored and get uploaded on SC's website.
Asked 7 years ago in Civil Law

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9 Answers

it would depend on when your restoration application is heard by the SC

2) your lawyer in SC can guide you as to time taken for restoration

Ajay Sethi
Advocate, Mumbai
97333 Answers
7865 Consultations

The application will be considered when the case is listed next in court.

The court will persuse your application and the supporting affidavit and incase it the cause behind non appearance of your Advocate sufficient, it will restore the case to it's original number.

How long will this take depends on the fact that when does this matter gets listed before the court .

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Hello,

The application must have come up before the court in the list of applications and if no order has been passed on the said date then the court must have asked the same to be heard with the previous records.

You may please follow up with your lawyer at SC w.r.t. the status of the application.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The order for restoration of the case for dismissal of default is routinely allowed.

However there is no time limit for such things.Six months is reasonable time limit.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

1) restoration application should be filed within period of 30 days

2) if delay is more than 30 days file application for condonation of delay together with affidavit in support

3) make out a case for condonation of delay

Ajay Sethi
Advocate, Mumbai
97333 Answers
7865 Consultations

Please ask your lawyer to pursue and report the same otherwise you may engage some lawyer and tell him the details to enquire about the status.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

A) No

B) Get in touch with your lawyer and seek the status report.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

How many dayswes does it generally takes for a case to be restored and get uploaded on SC's website.

it depends on how your advocate in SC follows it up.

Various factors are involved in it, hence you may be in touch with your SC lawyer.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

A) Is there any time limit before which the case needs to come up before the bench for considering the restoration application?

There is no time limit on this it depends purely on the prevailing circumstances.

B) How can I find out that the application filed has been considered and accepted?

Your advocate is the source through whom you can get the information or to visit in person and clarify the details.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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