Limitation period for restoration of disposed of suit is to be calculated under Article 137 (residuary entry) of the Schedule to the Limitation Act, 1963.

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DID YOU KNOW that the limitation period for the restoration of any disposed of suit/application for reason other than non-prosecution is 3 years? This is in terms of the residuary entry under the Schedule to the Limitation Act, 1963 (i.e. Article 137) which provides for a limitation period of 3 years from the date when the right to apply accrues.

DID YOU ALSO KNOW that we successfully represented a client before the Delhi High Court in seeking restoration of suit disposed of by the Delhi High Court in 2011 while referring the parties to arbitration based on an arbitration agreement between the parties. Following a successful challenge to the arbitral award in 2019, our client applied for restoration of the original suit in 2023. It was successfully argued by us that in the absence of any limitation prescribed for restoration of any disposed of suit/application for reason other than non-prosecution, residuary entry under the Schedule to the Limitation Act, 1963 i.e. Article 137.

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