1. For restoration separate application delay application is not required under order 9 rule 9 file an application along affidavit to restore the suit to original number citing the reason why you were not present.

2. The restoration application is heared.

1. You'll have to file a separate application under Section 5 of the Limitation Act seeking condonation of delay.

2. Section 5 application would be decided first, your case would proceed further, only after Section 5 application is allowed and delay is condoned by the court.

Regards.

Hello,

You will have to sign the both together.

Court will first condone the delay and will the hear the application on merits.

Two separate applications have to be filed together.

Regards

Separate condonation application is not necessary

2) it is sufficient to mention about delay , sufficient cause for condoning delay

Both application are heard at same time

You have to make out a case for condoning delay

You have to file a separate application for condonation of delay. Firstly your application for condonation of delay will be heard. Only once the application is allowed, the court will hear the restoration application.

Restoration of case to file under order 9 Rule 9 read with section 151 of CPC and also to file IA for under section 5 of limitation act separately with support of valid ground, you will take medical ground by produce medical certificate, it will safe, initialy hearing limitation application, if allowed restoration of case will take for hearing. All the best.

Firstly, let me tell you that there is a slight different in between the High Court and civil court with respect to the filing of condonation of delay application.

Secondly, as per your query, yes you may have to specify the section 5 of limitation read with section 151 of CPC to condone the delay in the civil court.

Thirdly, whereas in Hoh Court, you may seek this relief only by mentioning section 151 of CPC as it gives immense power to High Court.

Fourhtly, but, yes you will have to give satisfactory reasons for condoning the delay though chances are more than 80 percent to get it accepted by the court.

Good Luck...!

Hello,

If a case has been dismissed for default the procedure is to restore the case by filing a restoration application. The application must be filed along with the condonation of delay application. The reasons should be explained for the delay.

The court first hears the delay condonation application and if it find that there are sufficient reasons for condoning the delay then it condones the delay and then the restoration application is heard and decided.

Regards

1. separate applications will need to be filed

2. explain the reasons of delay in the condonation of delay application

3. if court finds that the reasons are reasonable and sufficient cause is shown, then after considering the objections of the opponent, if any, the court will allow your condonation of delay application and consequently your restoration application can be heard

Delay condonation must be filed,

Court will first decide delay condonation, if accepted than only will hear set aside application , that can be on same day.

1. If there is a delay in approaching the court seeking to set aside the dismiss for default order, then the condone delay application under section 5 of the limitation act has to be filed and after this petition is allowed then only the petition seeking to set aside the order dismissing the main petition will be taken up,

2. First the petition seeking to condone the delay to file the set aside petition will be decided and then the petition seeking to set aside the dismissal order will be taken up.