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Advocate was not present at the hearing. case got dismissed.


01-Dec-2023 (In Divorce Law)

Kindy guide what can be done when the advocate could not attend the date and so the court dismissed the case. The case was an ex parte divorce case and at argument stage ? Please guide with relevant section/ provision of law under which an application to reopen the case can be made and time period?

Answers (4)

Answer #1
807 votes
In your case you can file an appeal in apex court. Court used to give many notices while deciding the case as ex parte. It is not possible that the case has been decided as ex parte on a single hearing when Advocate was not present. After knowing all the facts the advice can be given accordingly.
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Advocate Vikas Nain

Adv. Vikas Nain

LawRato Delhi | 25+ Answers
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Answer #2
824 votes
You may an application under Order 9 rule 4 of the civil procedure code for a restoration of the dismissed case giving the reasons for the non appearance of the advocate. you must also state why you were not present for the hearing.
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Advocate Kanika Sharma

Adv. Kanika Sharma

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Answer #3
526 votes
Even if your lawyer failed to appear court should have passed orders on merits as the matter was mature for delivery of judgment. But now that the case had been dismissed youay move an application under Order IX Rule 4 CPC for restoration of the case giving the reasons for non appearance on the date. You must also state in your application why you were not there pn that day. Support thisApplication with your affidavit.
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Advocate Pravin Sharma

Adv. Pravin Sharma

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Answer #4
981 votes
Though the non appearance of advocate is not a ground for adjournment but if due to non-appearence of advocate any adverse order has been passed that can be get vacated by filing appropriate application in same court who has passed the impugned order with reasonable explanation. Relevant provisions are : for setting aside exparte proceeding: Order IX Rule 7 for setting aside dismissal of case/suit for non prosecution: Order IX Rule 9 for setting aside for ex-parte decree: Order IX Rule 13.
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Advocate Rohini Kumar

Adv. Rohini Kumar

LawRatoDelhi | 5+ Answers
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