Appellants seeking the restoration of an appeal dismissed pursuant to Order 11 or 17 of the C.P.C. must file an application under_______________?
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Answer: B. Order XLI, R. 19, of C.P.C
Explanation
Order XLI Rule 19 of the civil code governs applications to restore dismissed appeals. Appellants must follow specific procedural rules to revive cases dismissed for default. The correct option accurately cites Order XLI Rule 19 for appeal restoration. Appellate courts dismiss cases when appellants fail to appear during scheduled hearings. Rule 19 allows revival if appellants prove sufficient cause for their previous absence. Procedural fairness dictates that merits should be heard rather than shutting out defaults.
Attorneys file restoration applications promptly when unexpected emergencies cause court absences. Appellate judges evaluate whether the appellant showed reasonable diligence and honest intent. Proper use of restoration rules prevents permanent injustice caused by procedural defaults. Option A cites rule 18 which governs entirely different appellate procedural steps. Option C cites rule 20 which deals with joining new respondents to appeals. Option D is incorrect because option B accurately names Order XLI Rule 19.
- Subject
- Law
- Category
- Judiciary and Law
- Topic
- —
- Difficulty
- medium
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