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Law · Q952

Code Of Civil Procedure

Graduate and Post Graduate · Law · question 952

Q952

Whether a suit dismissed in default can be restored without notice to the defendant or his counsel, if the defendant and his counsel was not present on the date of dismissal of the suit in default?

A.
No, as suit once dismissed cannot be restored
B.
Yes
Answer
C.
Principles of natural justice require that the defendant or his counsel must be heard
D.
Only if the suit was pending in the High Court and not if the suit was pending before the district courts

Answer: Option B

Solution

Answer: Option B
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