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How to file for restoration if case is dismissed for absence of lawyer
16-Sep-2023 (In Criminal Law)
my case was dismissed on the ground that my lawyer was absent on the hearing time, Case called out. None has appeared on behalf of the petitioners. This writ petition is of the year 2014. It appears that by the efflux of time either the petitioners have lost all interest in the subject matter of this writ petition or the prayer made in this writ petition has been rendered infructuous. The writ petition is accordingly dismissed as infructuous. so my question here is that its mandatory that the same panel of judges will restore this case or it could be restored trough any siting judge of high court? what action can i take against my lawyer?
You can file a restoration application, to get the case restored. As far as the position regarding the Judge is concerned, that will depend, many times, it goes to the same Judge and many times to another Judge, either case, you have a good ground.
You can institute proceedings against the lawyer in the concerned Bar Council.
You can institute proceedings against the lawyer in the concerned Bar Council.
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Adv. Imran Ibrahim
Allahabad | 100+ Answers
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Can petition under 125 CRPC be restored?
CRIMINAL PROCEDURE CODE 1973 - Section 125-petition under-dismissed as withdrawn in view of the compromise between the parties-husband ... not complying with the term of compromise-Metropolitan Magistrate has jurisdiction to revive/restore the proceedings. In the present case, the proceedings could not be revived because of the compromise between parties.
Hi as per your query i would like to suggest you that there is a formatt for filing the restoration application before the hon'ble court but yous shoild file the same within a month on the date of dismissal order otherwise you have to file a delay condonation application too with the restiration application showing your inability to filing a delayed application.
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Adv. Abhishek Srivastava
Allahabad | 25+ Answers
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You can file restoration in the same court. And it can be restored by showing yours' and your lawyers' previous conduct in the court. not a tough job as such. Take certified of all previous order sheets annexe them along with restoration application.
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Adv. Rachit Devgun
Noida | 25+ Answers
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