Free Restoration Writ Petition Template PDF/Word

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Restoration Application in Writ Petition Format

Need a professionally drafted Restoration Application in Writ Petition Format to revive your dismissed case in the High Court or Supreme Court? Our customizable legal template in PDF and Word format is ready for free download, tailored for Indian courts under relevant procedural laws.

A Restoration Application in Writ Petition Format is an essential legal document filed to seek the revival of a writ petition that has been dismissed due to non-appearance, delay, or default by the petitioner. Governed primarily by principles under Order IX Rule 9 of the Code of Civil Procedure (CPC), 1908, and specific High Court rules, this application demonstrates 'sufficient cause' for the earlier lapse. In the context of writ petitions under Article 226 of the Constitution (High Courts) or Article 32 (Supreme Court), timely restoration ensures your fundamental rights or legal remedies are not lost forever.

Why is Restoration Application in Writ Petition Format Important?

Filing a restoration application promptly is crucial in India's judicial system where writ petitions address urgent issues like violations of fundamental rights, administrative wrongs, or public interest matters. Dismissal for default can bar future filings on the same cause under res judicata principles. This format helps comply with strict timelines—usually within 30 days—and court requirements for concise, affidavit-supported pleadings. Using a ready-to-use Restoration Application in Writ Petition Format saves time, reduces errors, and boosts approval chances, especially in high-volume courts like Delhi High Court or Bombay High Court.

Key Elements of Restoration Application in Writ Petition Format

Our legal template includes all mandatory sections for a complete Restoration Application in Writ Petition Format:

Heading and Court Details: Precise mention of the Hon'ble High Court/Supreme Court, writ petition number, and date of dismissal.
Parties' Details: Petitioner and respondent names, addresses.
Facts of the Case: Brief recap of the original writ petition and dismissal order.
Grounds for Restoration: Detailed 'sufficient cause' such as illness, unavoidable circumstances, lawyer's fault, or bona fide mistake, supported by affidavit.
Delay Condonation (if applicable): Explanation under Section 5 of Limitation Act.
Prayer Clause: Specific request to restore the writ petition to its original number and no costs.
Verification and Affidavit: Signed by petitioner or authorized representative.

This structure aligns with standard formats used in Indian courts, making it fully compliant and professional.

Who Should Use Restoration Application in Writ Petition Format?

This template is ideal for:

Individuals or businesses whose writ petitions against government actions, service matters, or property disputes were dismissed in default.
Lawyers handling civil, service, or constitutional law cases in High Courts.
NGOs or public interest litigants facing procedural lapses. Common use cases include restoration after missing hearings in PILs, habeas corpus, or mandamus writs. Whether in Allahabad High Court, Madras High Court, or Supreme Court, this versatile Restoration Application in Writ Petition Sample ensures quick preparedness.

Download Your Customizable Restoration Application in Writ Petition Format Today!

Get instant access to our free downloadable Restoration Application in Writ Petition Format in editable Word or print-ready PDF. Customize it with your details, add supporting documents, and file confidently. Perfect for lawyers, litigants, and legal professionals seeking ready-to-use legal templates in India.

Important Note

While this Restoration Application in Writ Petition Format is designed by legal experts for accuracy, it is a customizable template and not a substitute for professional legal advice. Always consult a qualified advocate to tailor it to your specific case and ensure compliance with latest court rules. Explore related resources like Writ Petition Format, Affidavit Samples, or Condone Delay Applications for comprehensive legal support.

RESTORATION APPLICATION IN WRIT PETITION

Restoration Application in Writ Petition

In the Hon?ble High Court of Judicature at ???????.

Civil Misc. Restoration Application No????..of 20??.

(Under Section 151 of the Civil Procedure Code)

On behalf of

Smt?????????? ?Petitioner/Applicant

Civil Misc. Writ Petition No??? of 20??(District ??.)

Smt???????????? ?Petitioner

Versus

1. IIIrd Addl. Dist. Judge and others. ?Respondents.

The Hon?ble Chief justice and his other Companion Judges of the aforesaid Hon?ble Court.

The Humble application of the abovenamed petitioners most respectfully showeth as under :

1. That full facts have been stated in the accompanying affidavit.

PRAYER

It is, therefore, most respectfully prayed that this Hon?ble Court may graciously be pleased to stay the demolition of the house built on the land in dispute and also the dispossession of the petitioners from the land in dispute during the pendency of the writ petition else the petitioners shall suffer irreparable loss.

Advocate for the petitioner

In the Hon?ble High Court of Judicature at ?????.

Affidavit

Civil Misc. Restoration Application No???.. of 20??..

On behalf of

Smt???????. and others. ...Petitioners/Applicants

Civil Misc. Writ Petition No?????.of 20??

(District :??..)

Smt???????.. and others. ?Petitioners

Versus

IIIrd Addl. Distt. Judge and others. ...Respondents

Affidavit of ?????., aged about?..??. years, son of ????? resident of..??? P.O. Distt????

(Deponent)

I, the abovenamed, deponent do hereby solemnly affirm and state on oath as under :

1. That the deponent is the petitioner No. 2 and as such, is fully conversant with the facts of the case deposed to below.

2. That the present writ petition was filed in person by the deponent as the Hon?ble Court was closed for Advocate?s strike.

3. That after hearing the respondent the Hon?ble Court was pleased to stay the demolition of the house of the petitioners and also the dispossession as well.

4. That initially when the deponent came ????., he engaged Sri????????? Advocate for filing the writ petition. But since Sri ???????. was junior in the Chamber of Sri????????..?hence Mr?.??????. prepared the case and filed the same in his own name.

5. That Sri???????? left the Chambers of Sri??????????. in the month of ?.???, 20?? and kept the office copy of the petition with him but no intimation of any type was sent to the dependent.

6. That it appears that the case was listed with the name of Sri????????.. but he did not appear while the name of Mr??????..?????. was not there.

Hence, Mr??.??????? could not trace out the case, which resulted in dismiss of this case for no fault of the petitioners.

7. That on ????. when the counsel of the petitioners at Lower Court Sri??.??? informed the deponent that his case at ??????..???. has been dismissed he immediately rushed to Allahabad and contacted Sri ????????????., on ???..20??. and when the record was inspected the entire matter came to the knowledge of the petitioners.

8. That without being late the deponent is moving the present application.

9. That in case this Hon?ble Court comes to the conclusion that the application is beyond time, although it is within time from the date of information, then a separate application under Section 5 of the Limitation Act is also being moved. The same may be allowed considering the facts and circumstances which were beyond the control of the petitioners.

I, the deponent, abovenamed, do hereby solemnly affirm and State on oath that the contents of paragraphs 1 to 9 of this affidavit are true on the basis of the personal knowledge and the contents of paragraph are based on records and the contents of paragraph are based on legal advise; which all I believe to be true and no part of it is false and nothing material has been concealed. So help me God.

I, ????????.??????. Clerk to Sri???.??????.., Advocate, High Court, ??.????, do hereby declare that the person making this affidavit and alleging himself to be the deponent is known to me from the perusal of the papers which he produced in this case before me.

Solemnly affirm before me on the ?.???? day of ?.???.., 20??.. at ?????????. By the deponent who has been identified by the aforesaid clerk.

I have satisfied myself by examining the deponent that he understands the contents of paragraphs of this affidavit which have been explained to him.

Oath Commissioner

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Important Guidelines

Guidelines for Drafting Restoration Application in a Writ Petition:

A Restoration Application in a Writ Petition is filed when a petitioner seeks to revive or restore a dismissed writ petition. Follow these guidelines for effective drafting:

Clearly State the Grounds for Restoration: Clearly articulate the reasons for seeking restoration. Explain any valid grounds, such as procedural lapses or justifiable causes, that led to the dismissal.

Provide a Detailed Explanation: Present a detailed and honest explanation for the delay in filing the restoration application. Courts typically consider genuine reasons for delay.

Refer to Legal Authorities: Cite relevant legal authorities or precedents supporting the restoration application. This enhances the application's legal merit and persuasiveness.

Attach Supporting Documents: If applicable, attach supporting documents, affidavits, or any evidence that substantiates the grounds for restoration. Ensure clarity and relevance in the documentation.

Common Mistakes to Avoid:

Vague or Ambiguous Grounds: Clearly define and articulate the grounds for restoration. Vague or ambiguous explanations may weaken the application's merit.

Failure to Explain Delay: Provide a thorough explanation for any delay in filing the restoration application. Ignoring or inadequately explaining the delay may impact the court's decision.

Neglecting Legal Authorities: Failure to refer to relevant legal authorities may diminish the application's persuasiveness. Legal support strengthens the case for restoration.

Inadequate Supporting Documents: If applicable, ensure all relevant documents supporting the restoration grounds are attached. Inadequate documentation may compromise the application's strength.

By adhering to these guidelines and avoiding common mistakes, you can draft a compelling Restoration Application in a Writ Petition, increasing the likelihood of the court considering and allowing the revival of the dismissed petition.

Frequently asked questions

What is a Restoration Application in Writ Petition?→

A Restoration Application is a legal document filed in Indian High Courts to restore a writ petition dismissed for non-prosecution, such as due to absence on the hearing date. It seeks to revive the case for further proceedings.

Is this Restoration Application template legally valid in India?→

Yes, this customizable template is drafted per Indian High Court rules and precedents. Ensure it complies with specific court formats and get it reviewed by a lawyer before filing.

What court fee or stamp duty is required for a Restoration Application in Writ Petition?→

Court fees vary by High Court; typically ₹10-₹50 for restoration applications under court fee schedules. No stamp duty is required as it's a court pleading; check local rules.

In what format can I download the Restoration Application in Writ Petition?→

Download the Restoration Application as editable Word (.docx) or PDF format for easy customization and printing.

Can I edit or customize this Restoration Application template?→

Yes, the Word format is fully customizable. Insert case details, grounds for restoration, and affiant information to suit your writ petition.

When and who should use a Restoration Application in Writ Petition?→

Use it when your writ petition is dismissed in limine or for default. Suitable for petitioners or advocates in Indian High Courts seeking restoration within the limitation period, usually 15-30 days.