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Restoration Application

A Restoration Application asks a civil court to bring back a case that was dismissed because a party did not appear, or to set aside a decree passed ex-parte in a party's absence.

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IN THE [court_name] MISC. APPLICATION NO. ________ OF 20____ IN CASE NO. [case_number] IN THE MATTER OF: [applicant_name] ... APPLICANT VERSUS [opposite_party_name] ... RESPONDENT APPLICATION UNDER ORDER IX OF THE CODE OF CIVIL PROCEDURE, 1908 FOR RESTORATION MOST RESPECTFULLY SHOWETH: 1. That the above-numbered matter was listed before this Hon'ble Court on [dismissal_date], and on that date the matter was dismissed for default / decided ex-parte in the absence of the Applicant. 2. REASON FOR NON-APPEARANCE The Applicant was unable to appear or be represented on the said date for the following reasons: [reason_for_absence] 3. That the absence of the Applicant on the said date was neither intentional nor deliberate, nor did it arise from any negligence or want of bona fides. The Applicant was prevented by sufficient cause from appearing. 4. That the Applicant remains keen to pursue the matter and to have it decided on the merits. 5. SUPPORTING MATERIAL [supporting_material] 6. That the Applicant has a good and arguable case on the merits, and if the matter is not restored the Applicant will be gravely prejudiced and denied an adjudication on the merits. 7. That no prejudice will be caused to the Respondent by restoration of the matter, and any inconvenience can be adequately compensated by an order as to costs. 8. That this application is made bona fide and in the interests of justice. [limitation_position] PRAYER It is therefore most respectfully prayed that this Hon'ble Court may be pleased to: (a) Set aside the order dated [dismissal_date] dismissing the matter for default / passed ex-parte; (b) Restore Case No. [case_number] to its original number and position on the file of this Hon'ble Court; (c) Permit the Applicant to prosecute and defend the matter on the merits; and (d) Pass such other or further orders as this Hon'ble Court may deem just and proper. AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL AS IN DUTY BOUND EVER PRAY. Place: ______________ Date: [application_date] [applicant_name] APPLICANT Through ______________________ ADVOCATE FOR THE APPLICANT

Notes on using this document

Guidance for you while you fill it in. These notes are not printed in the downloaded document.

WHICH RULE APPLIES

Suit dismissed under Order IX Rule 2 (summons not served because the plaintiff did not pay the court fee or postal charges for service) or Rule 3 (neither party appeared): apply under Order IX Rule 4, or file a fresh suit subject to limitation. Suit dismissed under Order IX Rule 8 (plaintiff absent, defendant present): apply under Order IX Rule 9. A fresh suit on the same cause of action is barred. Ex parte decree against a defendant: apply under Order IX Rule 13. If your court expects the rule to be named, add it to the title of the application, and strike out whichever of "dismissed for default / decided ex-parte" does not apply in paragraph 1 and prayer (a).

TIME LIMIT

An application to restore a suit dismissed for default is ordinarily due within thirty days of the dismissal. An application to set aside an ex parte decree is due within thirty days of the decree or, where the summons was not duly served, within thirty days of the date you learnt of the decree. If you are late, choose the second option in the limitation field and file a separate application for condonation of delay with an affidavit explaining the whole period of delay.

PAST DILIGENCE

Courts weigh whether the default was a one-off. If you or your advocate appeared on all earlier dates, add a sentence saying so in paragraph 4, but only if the order sheets bear it out.

SUPPORT

Support this application with an affidavit, and attach proof of the reason for absence such as a medical certificate or travel documents.

Restoration Application: what it is

A Restoration Application asks a civil court to bring back a case that was dismissed because a party did not appear, or to set aside a decree passed ex-parte in a party's absence. The applicant explains the reason for non-appearance and asks that the case be restored to its original number and heard on merits.

When you need this document

  • Your suit was dismissed for default because neither you nor your advocate appeared on the listed date.
  • An ex-parte decree was passed against you because you were not served with summons or could not attend.
  • You were ill, travelling for an emergency, or your advocate noted the wrong date.
  • You only learnt of the dismissal or ex-parte decree later, when execution started or from the court record.

What it covers

  • The court, the miscellaneous application number space and the main case number.
  • The names of the applicant and the respondent.
  • The date on which the case was dismissed for default or decided ex-parte.
  • The reason for non-appearance, a statement that it was not deliberate or negligent, and that the applicant remains keen to pursue the case.
  • Supporting material, statements that the applicant has a good case and the respondent can be compensated by costs, and whether the application is within time or accompanied by a condonation application.
  • A prayer to set aside the order, restore the case and allow it to proceed on merits, signed through an advocate.

How to fill, sign and use it

  1. Inspect the court file or online case status to confirm the date and nature of the order, and whether it was a dismissal for default or an ex-parte decree.
  2. Count the time: these applications must ordinarily be filed within thirty days of the dismissal or decree, or, for an ex-parte decree where summons was not duly served, within thirty days of learning of it.
  3. Fill in the form on this page, explaining your absence with dates, and gather proof such as medical certificates or travel tickets.
  4. Prepare a supporting affidavit and, if filing late, a separate application for condonation of delay.
  5. File the application in the same court, serve notice on the opposite party, and be prepared to pay costs if the court imposes them.
  6. Attend every date after filing, and once restored, follow the next steps fixed by the court. Keep certified copies of the restoration order.

Documents to attach or keep with it

  • Affidavit supporting the reasons for absence.
  • Medical certificates, travel documents or other proof of the reason.
  • Certified or plain copy of the dismissal order or ex-parte decree.
  • Application for condonation of delay, if filed after the limitation period.
  • Vakalatnama, if a new advocate is appearing.

The law behind it

Order IX of the Code of Civil Procedure, 1908 provides the remedy. Rule 9 lets a plaintiff apply to set aside a dismissal for default, and Rule 13 lets a defendant apply to set aside an ex-parte decree, on showing sufficient cause or, in the case of a defendant, that summons was not duly served. Under Rule 13 the decree is not set aside merely for an irregularity in service if the defendant had notice and enough time to appear. The Limitation Act, 1963 generally allows thirty days for these applications. An order rejecting them can usually be appealed.

Common mistakes to avoid

  • Filing under the wrong rule, for example using Rule 9 when an ex-parte decree has been passed against a defendant.
  • Giving an unsupported reason, such as forgetting the date, without any proof or explanation.
  • Missing the thirty day period and not filing a condonation application with it.
  • Not appearing on the restoration hearing date, which can lead to the application itself being dismissed.

Restoration Application: frequently asked questions

What is the time limit to file a restoration application?

Under the Limitation Act, an application to restore a suit dismissed for default is generally due within thirty days of the dismissal. For setting aside an ex-parte decree it is generally thirty days from the decree, or from when the applicant learnt of it where summons was not duly served. A late application needs condonation.

What is the difference between dismissal for default and an ex-parte decree?

Dismissal for default happens when the plaintiff does not appear, and the suit is dismissed without a decision on merits. An ex-parte decree is passed against a defendant who does not appear, after the court hears the plaintiff. Different rules of Order IX apply to each.

Can I file an appeal instead of a restoration application against an ex-parte decree?

Yes, the Code allows an appeal against an ex-parte decree as well. The two remedies work differently: restoration focuses on why you were absent, while an appeal looks at the decree on the record. Pursuing one can affect the other, so take advice before choosing.

Will the court impose costs for restoring my case?

Courts often restore a case subject to payment of costs to the other side, to compensate for the lost hearing. The amount is at the court's discretion. Paying the costs within the time fixed is usually a condition, and non-payment can result in the restoration being withdrawn.

Last updated 11 October 2026.

General information on Indian law, not legal advice for your situation. Stamp duty, registration and fees differ by state, so check with the local office or an advocate before you rely on it.

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