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what can be done if accident claim party does not come for hearing ?
05-Jan-2023 (In Motor Accident Law)
A car accident happened in between my and another people car. No human injury happened. he filed FIR against me. case submitted in court. now that party never comes to hearing. what should I do and what will happen to this case if that party will not come to court. I deposited 15000/- in court as per judge orders.
I would be in a better position to guide you once the papers are available as the advice may change from situation to situation. One more thing as it is a police case, the presence or absence of the complainant will not make any difference in the case.
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Adv. Raghavendra Mehrotra
Mumbai | 25+ Answers
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If the party doesn't want to come to the court and is interested in settling the matter outside the court then you can go for this option and can withdraw the case or there will be. An ex parte order by the court on its own motion you do not have to do anything.
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Adv. Pranali Wankar
Mumbai | 25+ Answers
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Under Order IX Rule 8, which speaks specifically about APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE, wherein Procedure to be followed where defendant only appears— Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the
suit so far as it relates to the remainder.
Since the Plaintiff is not willing to pursue the case, kindly advise your advocate to please the above provision of CPC and get the case dismissed for failure of the plaintiff to pursue the matter on the grounds of non-appearance and non-prosecution of the case. The case should be dismissed with the leave of the court.
suit so far as it relates to the remainder.
Since the Plaintiff is not willing to pursue the case, kindly advise your advocate to please the above provision of CPC and get the case dismissed for failure of the plaintiff to pursue the matter on the grounds of non-appearance and non-prosecution of the case. The case should be dismissed with the leave of the court.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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