Legal Question in Appeals and Writs in India

Restoration

''Yes. The court could also dismiss the WP on merits during hearing of restoration application.

You had filed application for restoration because the WP was already dismissed.''

above quoted text was the answer given for my question that whether the court considering application for restoration can dismiss the writ petition on its merit?

i am not satisfied with the answer as the application for restoration has got its own merit and in order step in to the merit of the main case the court has to allow the application for restoration. if the court dismisses the application for restoration it cannot tread in to the merit of the main case. so kindly enlighten me on the issue.


Asked on 6/14/09, 3:12 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Restoration

Your satisfaction is not relevant nor will it change the law.

There is no bar for the to dismiss a case on merit while hearing an application for restoration.

Read more
Answered on 6/14/09, 1:34 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Restoration

contact your local lawyer

Read more
Answered on 6/15/09, 1:33 am


Related Questions & Answers

More Appeals and Writs questions and answers in India