Case was dismissed due to non appearance can I restore the case


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.

Answers (4)


145 votes

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


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211 votes

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.

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188 votes

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

191 votes

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

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