Application for Restoration of Dismissed Suit

In the Court of court_type, district

Case No. case_number (Original), Application No. application_number

Applicant: plaintiff_name (original plaintiff). Respondent: defendant_name.

APPLICATION FOR RESTORATION OF DISMISSED SUIT

The applicant, by this application under Order IX Rule 9 of the Civil Procedure Code 1908, respectfully prays that the suit original_case_number be restored and the order of dismissal be set aside.

The applicant submits the following facts:

1. That the suit original_case_number was filed by the applicant on filing_date against defendant_name.

2. That the suit was dismissed on dismissal_date by the learned court_rank on the ground that reason_for_dismissal.

3. That the dismissal was not for want of prosecution on the part of the applicant but due to explanation.

4. That the applicant has a genuine cause of action which requires determination on merits.

5. That the applicant is prepared to pursue the suit with diligence and in accordance with the rules of court.

6. That the respondent will not be prejudiced by the restoration of the suit.

WHEREFORE, it is humbly prayed that the suit be restored and the applicant be permitted to pursue the case to its conclusion on merits.

That the Applicant approaches this Honourable Court / Authority with clean hands, has made full and frank disclosure of all material facts, and has not concealed anything material to the just decision of the application.

That the present application is filed in good faith, at the earliest available opportunity, and is otherwise within the period of limitation prescribed by law.

7. That the Applicant was prevented by sufficient cause from appearing on the date of dismissal, and the said sufficient cause is described as follows: sufficient_cause_description, supported by documentary evidence annexed.

8. That the Applicant has approached this Honourable Court at the earliest available opportunity after the cause of non-appearance ceased, and the present application is filed within the period of limitation prescribed under Article 122 of the First Schedule to the Limitation Act 1908.

9. That the Applicant has a meritorious case and would suffer irreparable injury if the suit is not restored to its original position. The opposite party will not be prejudiced by restoration.

PRAYER

In view of the foregoing, the Applicant / Petitioner / Complainant most respectfully prays that the Honourable Authority may be pleased to:

(a) Restore the suit / appeal / application in the name of the Applicant to its original number and position on the file;

(b) Set aside the order of dismissal dated dismissal_date for default of appearance under Order IX Rule 9 of the Code of Civil Procedure 1908;

(c) Direct that the proceedings continue from the stage at which the dismissal occurred;

(d) Award costs as may be just; and

(e) Pass any other order that this Honourable Court may consider just, fit, and proper.

_____________________________ plaintiff_name Applicant CNIC No. plaintiff_cnic Date: _____________________