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Other Plaintiffs did not appear on date case dismissed what action?


22-Dec-2023 (In Property Law)

While a partition suit is pending before the court, the advocate declined to proceed the case and filed no instruction petition in the court. thereupon the court issued notice to the eight plaintiffs to appear before the court in person or through council on a specific date .Therefore another advocate was approched . on his acceptance a vaklat was signed by 5 of the plaintiffs authorising the advocate . After promising the plaintiff that he will appear. But he failed to appear .consequently the suit was dismissed. what coures of action are available to the plaitffs,. What action against the

Answers (1)

Answer #1
741 votes
The plaintiffs can approach another advocate and get the suit restored by filing a petition to set aside the orders for dismissed for default.
If some of the plaintiffs are not cooperating, a fresh suit by the cooperating plaintiffs may be filed on the same cause of action.

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