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How much time does it take to restore a dismissal case
23-Jun-2023 (In Civil Law)
How much time it will take to restore a civil case after the dismissal? An I lawyer send a notice to opposite party when a case is not restored in the court
Dear,
After dismissal of a civil case, it is 30 days of time period to restore the same. No. A lawyer cannot send a notice to the defendant when a case is in the dismissed state. First, the case has to be restored and when after restoration, the defendant is not appearing before the court, the lawyer can send a notice to the defendant to secure his/her presence in the court.
After dismissal of a civil case, it is 30 days of time period to restore the same. No. A lawyer cannot send a notice to the defendant when a case is in the dismissed state. First, the case has to be restored and when after restoration, the defendant is not appearing before the court, the lawyer can send a notice to the defendant to secure his/her presence in the court.
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Adv. B. Srikiran
Hyderabad | 500+ 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CRIMINAL PROCEDURE CODE 1973 - Section 125-petition under-dismissed as withdrawn in view of the compromise between the parties-husband ...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.
On filing the petition for restore the case, the court orders notice to be given to the opposite party, once they appear they may file a counter i.e their reply and after hearing the matter, court will pass an order. Generally court will permit to restore unless there is a huge delay in which case it has to be explained/accounted for.
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Adv. Naveen Kumar Ahir
Hyderabad | 100+ Answers
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We cannot say how much time, it will take to restore the case because a lot of process is required to restore the case, the party who wants to restore the case has to offer a notice to the remaining parties in the suit.
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Adv. Shake Abdul Azeem
Vijayawada | 25+ Answers
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Its depends up on a lawyer with a request to a magistrate and they can send a notices regarding it to the parties there is no particular time for re opening a dismissed case or pending cases, all goes good with a good advocate.
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Adv. Sharath Chandra Murthy
Hyderabad | 100+ Answers
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The plaintiff can file a restoration request for the setting aside of dismissal under Order 9 rule 9 if the suit is dismissed due to default. This must be done by showing good cause for the non-appearance at the hearing.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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