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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guideline for Drafting an Application for Restoration of a Suit:
Usage:
An Application for Restoration of a Suit is used in civil litigation when a lawsuit has been dismissed for various reasons, such as non-appearance, default, or non-prosecution. This application is filed to request the court to reinstate the dismissed case. Here's a concise guideline:
Heading: Begin with a title stating "Application for Restoration of Suit" along with the court's name, case number, and parties' names.
Introduction: Briefly introduce the applicant, the dismissed suit, and the reason for its dismissal.
Grounds for Restoration: Clearly state the grounds on which the suit should be restored. Common grounds include a mistake, non-receipt of notice, or a valid reason for non-appearance.
Affidavit: Attach a supporting affidavit explaining in detail the circumstances that led to the dismissal and why the court should grant restoration.
Prayer Clause: Explicitly state the relief sought, which is the restoration of the dismissed suit.
Notice to Opposing Party: Specify how notice of the application will be served to the opposing party and provide a copy of the application and affidavit.
Date of Hearing: Request a date for the court to hear the application.
Undertaking: Include an undertaking that the applicant will diligently pursue the suit if it is restored.
Signature: Sign the application and affidavit before a notary or court official.
Common Mistakes to Avoid:
Incomplete Grounds: Ensure that the grounds for restoration are legally valid and clearly explained.
Inadequate Affidavit: The supporting affidavit should provide a detailed and honest account of the circumstances leading to the dismissal.
Failure to Serve Notice: Follow proper notice procedures to inform the opposing party of the restoration application.
Lack of Diligence: If restoration is granted, diligently pursue the case to avoid future dismissals.
Missing Timelines: Be aware of any statutory or court-imposed timelines for filing restoration applications.
Consult with an attorney or seek legal advice when drafting an Application for Restoration of a Suit to ensure compliance with local civil procedure rules and increase the chances of successfully reinstating the dismissed case.