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?
you must also state why you were not present for the hearing.
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.
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."