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How to restore uncontested dismissed case during court summer holidays


29-Apr-2024 (In Divorce Law)
My contested divorce case was going on from last 5 years. The status on February 2024 was awaiting for mediation report (before that the status was for settlement) .No discussion happened b/w respondent. My lawyer is not available in the town and not available over the phone. Now apr 25 th my case status is uncontested dismissed. Court holidays is from 28/4/24- 26-may-2024. If the case has to be restored within 30 days , how will that be Possible. What has to be done from my side to restore it?
Answers (3)

Answer #1
786 votes
Dear Sir/Madam, The limitation starts from the date of receipt of certified copies excluding civil vacation if applicable to Family Courts. Thus, you have a fair opportunity to file an application to set aside dismissal order. In the meanwhile apply for certified copies by yourself in party in person. On dismissal of the case the vakalath of your advocate already come to an end otherwise get issue a notice by registered post by yourself and terminate his legal services with immediate effect.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
653 votes
hi. you will have to file a miscellaneous petition to restore your case immediately after summer vacation. once petition is filed. Court will send notice to opposite party. after trial you case based on merits case may be restored by Court. for more clarifications pls feel free to contact me.
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Advocate Suma BK

Adv. Suma BK

LawRatoBangalore / Bengaluru | 100+ Answers
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Answer #3
564 votes
you can restore the case depending upon the court holidays, vacation and even limitation will also be considered by the court. the case was dismissed because of non appearance of the advocate. so you have sufficient ground and have possibility to restore even after 30 days.
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRatoBangalore / Bengaluru | 200+ Answers
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