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What is the time limit to Restore my dismissed case.
28-Aug-2023 (In Civil Law)
Today i came to know my filed case was dismmised on 25th of may, 2017. My lawyer did not inform me the particular date of appearence in court. My lawyer also did not appear. This is the reason. Please suggest me how to restore my case. Please help me.
Where a suit is dismissed due to non appearance of plaintiff, then the plaintiff may (subject to the law of limitation) bring a fresh suit or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for non-appearance, and the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
Therefore, you have two options in this case. Either you can file a fresh suit provided that the limitation period has not expired or you can make an application before the Court for setting aside of order of dismissal of your suit provided that you will have to satisfy the Court as to the reason of your non-appearance. On being satisfied the Court will set aside the order of dismissal of suit and your suit wll be restored. There is no prescribed time for making such application but obviously it must be made at the earliest after knowing the fact of dismissal of suit
Therefore, you have two options in this case. Either you can file a fresh suit provided that the limitation period has not expired or you can make an application before the Court for setting aside of order of dismissal of your suit provided that you will have to satisfy the Court as to the reason of your non-appearance. On being satisfied the Court will set aside the order of dismissal of suit and your suit wll be restored. There is no prescribed time for making such application but obviously it must be made at the earliest after knowing the fact of dismissal of suit
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Adv. Siddhant Sharma
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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CRIMINAL PROCEDURE CODE 1973 - Section 125-petition under-dismissed as withdrawn in view of the compromise between the parties-husband ...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.
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