Application for restoration of a case dismissed in default

Bringing back a case dismissed because nobody appeared.

Make it free in Dastavo

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Not yet reviewed by a lawyer. Check every line before it is signed.

How the paper begins

With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.

IN THE COURT OF Civil Judge (Junior Division), Amarnagar

Civil Suit No. 412 of 2025

Vikram Singh son of Shri Harbans Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab

…Applicant

Versus

Kabir Sharma son of Shri Dev Sharma, aged about 44 years, resident of House No. 7, Basant Vihar, Amarnagar, Tehsil and District Amarnagar, Punjab

…Respondent

APPLICATION FOR RESTORATION UNDER ORDER IX RULE 9 READ WITH SECTION 151 CPC

Respectfully Showeth:

1.That the above case was dismissed in default on 01-10-2026 as neither the applicant nor counsel was present when it was called.

2.That the absence was not intentional: counsel's clerk noted the next date wrongly as 11-10-2026.

3.That this application is filed within thirty days of the order, and the applicant has a good case on merits which will be lost if the case is not restored.

PRAYER:

It is, therefore, respectfully prayed that the order dated 01-10-2026 may kindly be set aside and the case be restored to its original number and stage.

Any other relief which this Hon'ble Court deems fit may also be granted in the interest of justice.

The rest of the paper is in Dastavo.

What to bring

Papers to bring

A copy of the order that dismissed the case, with its date
Proof of why no one appeared, with dates: medical papers, a death in the family, travel, or the advocate's own reason
The main case: its number and year, the court, the names of the parties and the next date
The supporting affidavit: see "Affidavit in support of a plaint or application"

Where to go

Filed through your advocate in the same court that dismissed the case, under its old number; notice goes to the other side, who may oppose it.

Fee

Court fee and welfare stamps, where needed, are put on as the court office directs; ask the counter for today's amounts. The advocate's fee is separate.

Good to know

File within 30 days of the dismissal.
If the time has already run out, file with it "Application for condonation of delay (s.5 Limitation Act)", explaining the delay day by day.
The court may restore the case only on payment of costs; pay them by the date fixed, and attend every date after that.

Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.

Stamp paper

Court fee and welfare stamps, where needed, are affixed as the court office directs.