matter to be restored

[glavva]

i was a defendant in a county court case and the plaintiff failed to attend court , the district judge decided that the matter be struck out. the claimant has now applied to court for the matter to be restored. can anyone let me know what time is allowed ie 14 days or 28 days for this application to be made to court and do judges keep to the time scales or do they just let the application stand . the case was 29th august 08 and the application notice to the court from the claimant is not dated and the notice of hearing of application is 8th oct o8 . i feel and hope that the claimant is out of time for this application .

[voltr4m4x]

I'm afraid the Plaintiff can apply to the Court for the case to be re-instated. There may well have been legitimate reasons why he did not attend the hearing in the first place (ie illness, unavoidable delay due to railway interruptions of his journey, etc. etc). Again, there is no time limit to be imposed for the case to be re-instated.

[glavva]

thanks for your answer, looks like its back to court then .