Legal Question in Legal Malpractice in India

Restoration of petition dismissed on default
An application for contempt of court was filed in the mumbai high court by my POA holder in a tesstamentary matter and the same was accepted.On 30/04/09 the matter was dismissed for default as both parties failed to appear in court.
Is it correct that only the plaintiff can file forrestoration and not the POA holder.
Is there a time linit for filing for restoration.
The Poa holder went to court on 10/07 to file for restoration and same was not accepted by the court officials claiming that this can only be done by the petitioner.
This could not be done earlier by the POA holder as he was assaulted and was hospitilised in ICU from 05/05 to 12/05 and tyherafter was not in position to file due to slow recovery.
I will appreciate your advice which is much appreciated

Asked on 7/13/09, 8:00 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Restoration of petition dismissed on default

It may be too late for filing restitution. In any case, you may want to engage a local counsel for pursuing your remedy.

Answered on 7/13/09, 11:19 am

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