PLAINT-DISMISS

How can be get relief a person if the plaint dismissed in civil suit?

If a civil suit is dismissed, the party seeking relief can pursue the following legal remedies to challenge the dismissal:

  1. Review Petition (Order 47, CPC)
    • If there is an error apparent on the face of the record, the aggrieved party can file a review petition in the same court that dismissed the suit.
    • Grounds: Error of law, mistake, discovery of new evidence.
  2. Appeal (Section 96, CPC)
    • If the dismissal is a decree, an appeal can be filed in the higher appellate court challenging the dismissal order.
    • Grounds: Legal errors, procedural irregularities, misinterpretation of law or facts.
  3. Filing a Fresh Suit
    • If the dismissal was on technical grounds (like non-appearance or non-prosecution), a fresh suit can be filed, subject to the limitation period.
    • If the dismissal was on merits, a fresh suit is generally barred by the principle of res judicata (Section 11, CPC).
  4. Restoration Application (Order IX Rule 9 & Rule 13, CPC)
    • If dismissed for default (non-appearance), the aggrieved party can file a restoration application seeking reinstatement of the suit by showing sufficient cause for absence.
  5. Special Leave Petition (SLP) – Article 136 of the Constitution of India
    • If all remedies fail, the party can approach the Supreme Court through an SLP for extraordinary relief in cases involving substantial questions of law.
  6. Writ Petition (Article 226/227, Constitution of India)
    • If there is a violation of fundamental rights or miscarriage of justice, a writ petition can be filed in the High Court for judicial review of the dismissal order.

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