sir my title suit is pending in gopalganj cvil court 941of 2022.defendent file written statement in this case . suddenly 2 hearing of non apperance my advocate then court dissmiss my suit on third hearing . i filed misslenous restoration under cpc o9r9 then and issues notice then defedent not appear in court can nacessary to procedding for restoration onside plaintiff. or can court ex party restoration without procceding

Detailed Legal Analysis

Your title suit can be restored ex parte under Order IX Rule 9 of the Civil Procedure Code (CPC) if the defendant fails to appear after notice.

What the Law Says

Under the Civil Procedure Code, 1908, particularly Order IX, Rule 9, if a suit is dismissed for non-appearance of the plaintiff, the court has the discretion to restore the suit upon application if sufficient cause is shown. The rule further states that the restoration can be granted ex parte if the other party (in this case, the defendant) does not appear at the time of the hearing.

Steps for Restoration

To proceed with a miscellaneous restoration application, you should consider the following steps:

• File the application for restoration under Order IX Rule 9 CPC.
• Ensure to provide a clear explanation for the non-appearance of your advocate.
• Attach any relevant documents that support your claim for restoration.
• Serve notice to the defendant regarding the application for restoration.
• Attend the hearing on the scheduled date to present your case.

Ex Parte Restoration

In your situation, if the defendant does not appear after being issued a notice regarding the restoration application, the court has the authority to proceed with the restoration ex parte. This means the court can restore your title suit without the presence of the defendant, based on the evidence and arguments you present.

Key Points to Remember

• The application for restoration must be filed promptly after the dismissal.
• A valid reason for the non-appearance of your advocate should be articulated to the court.
• If the defendant remains absent without reasonable cause, you have a strong ground for ex parte restoration.
• The court may also impose conditions on the restoration, such as costs to be paid by the plaintiff or giving the defendant another opportunity to be heard.

In summary, as the plaintiff, if the defendant fails to appear after you have issued a notice concerning your restoration application, you can move the court for ex parte restoration of your suit under Order IX Rule 9 of the CPC. Ensure compliance with all procedural requirements to strengthen your case.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.