quesHow can i get a case reopened.

OUR CIVIL WRIT PETITION WAS ONE SIDED DECIDED BY COURT SINGLE BENCH ON 11/5/2014 ON THE GROUND THAT OUR ADVOCATE DID NOT ATTEND ON THE DATE OF HEARING . HE WAS ILL AND HE DIED, WHICH WE DID NOT KNOW. NOW IS IT POSSIBLE IF WE WANT TO REOPEN THE CASE FOR ARGUMENTS KINDLY ADVISE EXACTLY ANY CLAUSE OF TIME FOR REOPENING .

  • ansif the order is not decided on merits or having any apparent error you have to file a review petition along with a application fort condoning the delay in filing of review application. you can also move misc. application for clarification/modification of the order dated 11.5.2014. before filing of any application or review petition seek advice of lawyer showing him entire brief of the matter and the order also.

    Advocate Hemant Taylor

      Kaveripath Mansarovar, Jaipur

  • ansYes, you can file restoration application under Article 226 of the Constitution of India read with order 9 rule 9 of the Civil Procedure Code, 1908. You have to annex the certified copy of the judgment and order dated 11.05.2014 with the aforesaid application. There is no time limit for filing such an application provided you are in a position to satisfy the court the reasons for delay.

    Advocate Siddharth Tatiya

      Parsvnath City, Jodhpur

  • ansYes, you can file an application for restoration of your case in Writ Petition before the Hon'ble High Court. In the interest of justice that no matter gets dismissed due to fault of an advocate, the court normally allow and restore cases dismissed in default.

    Advocate Vibhor Sharma

      Khatipura, Jaipur

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