438+ Lawyers are online 
Case was dismissed due to non appearance can I restore the case
05-Jul-2023 (In Civil Law)
Hello , I had filed a Civil Suit in May 2010, but due non attendance for multiple date the case was dismissed, i had full trust on my Advocate but unfortunately later in June 2016 i came to now that the case was dismissed due to not appearing for court dates, i was never informed by lawer for any dates nor did he attended and when asked always said , there are pending cases in court caz of which this will take time. Please suggest now after 5 years how can i Re open my case to get property right left after father dimissed.
Dear
Yes you can reopen the case, subject to lot of terms and condition.
what stops you from reopening is a doctrine known as doctrine of preclusion which put a bar to litigate for the same subject matter between the same parties.
but, what allows you to reopen in Order 9 rule 9 of civil procedure code, which states that
".....But he may apply for an Order to set the dismissal aside, and if he satisfies the court that there was sufficient cause for his non appearance when the suit was called on for hearing, the court shall make an Order setting aside c the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit....."
Basically you need a good lawyer who can put a solid case for the court to satisfy that there is a valid reason for reopening the case.
see for the case law AIR 1962 MP 64
regards
Yes you can reopen the case, subject to lot of terms and condition.
what stops you from reopening is a doctrine known as doctrine of preclusion which put a bar to litigate for the same subject matter between the same parties.
but, what allows you to reopen in Order 9 rule 9 of civil procedure code, which states that
".....But he may apply for an Order to set the dismissal aside, and if he satisfies the court that there was sufficient cause for his non appearance when the suit was called on for hearing, the court shall make an Order setting aside c the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit....."
Basically you need a good lawyer who can put a solid case for the court to satisfy that there is a valid reason for reopening the case.
see for the case law AIR 1962 MP 64
regards
Helpful?
204+
204+
Adv. Himanshu Nagarkar
Pune | 25+ Answers
CONTACT NOW
On what grounds suit can be dismissed?
The court may dismiss a suit under Rule 2 of Order 9, if it finds that no party appeared before the court on the date of hearing to either pursue the lawsuit or answer the claim. 12-Jan-2023
What is the meaning of dismissed in default?
When the applicant or disputant does not contest the case that he has filed, the court may proceed to issue a DID order if it is satisfied that the parties have been given a sufficient chance to be heard.
What are the consequences of non-appearance?
It gives them a fair chance to make their case, to respond to arguments and to engage in the legal proceedings. When a party does not attend proceedings, it can have consequences, such as ex parte orders or decrees where decisions are taken in the absence of the absent party. 12-Aug-2023
yes u can restore u r case after 5 years also but u need a sufficient reason to justify for restore application
in your case u r saying that i had full trust on my Advocate but unfortunately later in June 2016 i came to now that the case was dismissed due to not appearing for court dates, i was never informed by lawer for any dates nor did he attended and when asked always said , that is the reason court can onsider
in your case u r saying that i had full trust on my Advocate but unfortunately later in June 2016 i came to now that the case was dismissed due to not appearing for court dates, i was never informed by lawer for any dates nor did he attended and when asked always said , that is the reason court can onsider
Helpful?
79+
79+
Adv. Pritam Arun Madukar
Aurangabad, Maharashtra | 25+ Answers
CONTACT NOW
ur case is dismissed in default for non appearance or no steps given by ur side. no problem
ofcourse u have restored ur case and delay Condon. u plead that u have no knowledge about ur case is DID ur earlier counsel was not handle ur case proper and u r fully depends ur counsel but u r counsel not informed u. there is number of citation of Hon'ble High court and Supreme court.
u have file Misc. Judicial Case before Hon'ble C.J.S.D.
ur case is condon and restored
ofcourse u have restored ur case and delay Condon. u plead that u have no knowledge about ur case is DID ur earlier counsel was not handle ur case proper and u r fully depends ur counsel but u r counsel not informed u. there is number of citation of Hon'ble High court and Supreme court.
u have file Misc. Judicial Case before Hon'ble C.J.S.D.
ur case is condon and restored
Helpful?
72+
72+
Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
Chat
please mentioned the details fact of case so that i will guide you properly. Ex-parte decree can be challenge but dismissed case it difficult to restore but there are also option. To know more revert back to me.
please mentioned the details fact of case so that i will guide you properly. Ex-parte decree can be challenge but dismissed case it difficult to restore but there are also option. To know more revert back to me.please mentioned the details fact of case so that i will guide you properly. Ex-parte decree can be challenge but dismissed case it difficult to restore but there are also option. To know more revert back to me.
please mentioned the details fact of case so that i will guide you properly. Ex-parte decree can be challenge but dismissed case it difficult to restore but there are also option. To know more revert back to me.please mentioned the details fact of case so that i will guide you properly. Ex-parte decree can be challenge but dismissed case it difficult to restore but there are also option. To know more revert back to me.
Helpful?
99+
99+
Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
CONTACT NOW
better you reopen the case with the help of the other advocate no make more issues you ahve go every month and contact if you doing the same than also case dismissed tha better take new advocate reopen the without any delay
Helpful?
100+
100+
Adv. Somashekar S. M.
Bangalore | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
