Plaintiff absent and defendant present
10-Dec-2023 (In Property Law)
Hello Sir/Madam,
A property suit has been filed by my Aunt (Mom's Sister) against us and our uncles (3 members). We, my Mom is interested in dividing the property as per the law, but my uncles are making opposition.
** The properties are left 'unwilled' by my grandfather.
Now the problem is my aunt is not appearing for the last three trials, whereas the defendant was appeared and the court has dismissed the case today.
So, My question:
1. Is it possible by us to lead the case forward by filing a petition or whatever to the court instead of plaintiff or should we proceed with a fresh 'SUIT' from the beginning from my end?
Your aunt may reopen the case by filing a petition stating reasons for her non-appearance. Normally, advocate appears on behalf of the plaintiff or defendant, as the case may be.
Now, the case is dismissed for default and the plaintiff has to file a petition to reopen it.
You can file a fresh suit for appropriate reliefs.
Now, the case is dismissed for default and the plaintiff has to file a petition to reopen it.
You can file a fresh suit for appropriate reliefs.
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