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Uncontested--DISMISSED IN DEFAULT U/O 9 RULE 3 OF CPC


26-Jul-2023 (In Civil Law)
I am an NRI and filed a property case against my brother. The judgement was "Contested--DECREED WITH COSTS" to share the cost among 6 brothers. Our lawyers advised filing another case for implementing the judgement which we filed but as nobody attended the last few dates the judgment was "Uncontested--DISMISSED IN DEFAULT U/O 9 RULE 3 OF CPC" 1. Can we file another case? If yes, can I give power of attorney to one of my brothers? Regards Atul
Answers (3)

Answer #1
856 votes
I have perused your query. Do share the details of the case which got dismissed in default. You may file an application under 0 9 rule4 CPC for setting aside the order and restoring the suit by showing a sufficient cause for non appearance. Yes SPA can be given for appearing in the matter
Answer #2
644 votes
In cases dismissed in default, we can revive the case by filing an application and mentioning it. Regarding power of attorney I will have to see the facts of the case. Also you want to give power of attorney regarding what
Answer #3
833 votes
Hi , You can file application under Orde IX rule 9 read with section 151 Cpc for restoration of the suit to its original number . Yes you can give power of attorney to your brother . Thanks Ramit Sehrawat Advocate

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