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Request for Guidance – High Court Case Disposed Due to Non-Appearance
08-Jun-2025 (In Property Law)
Hi Sir,
"Unfortunately, I won't be able to attend tomorrow at the scheduled time since I'm out of country.
here's the case information… We've been waiting over 15 years for a hearing date. Unfortunately, our lawyer didn't inform us about the scheduled date, resulting in the judge dismissing our case due to our absence, as no representative appeared for the appellants. The High Court has disposed our case, advising us to pursue a final judgment from the lower court.
It is unfortunate that your appeal was dismissed due to non-appearance caused by your lawyer's negligence. However, you still have a few options. First, if the dismissal was by the High Court for default (non-appearance) and not on merits, you can file a restoration petition (restoration of appeal) citing valid reasons, including your lawyer’s failure to inform and your being out of the country.
If the High Court has refused to restore and advised to proceed before the lower court, then you must act promptly. Engage a new counsel and pursue the matter at the trial court or executing court, depending on the status of the case. You may also consider filing a complaint with the Bar Council against the advocate for professional negligence, if there is documented proof of his failure to inform you.
Please ensure you maintain all records and proceed urgently, as further delays may adversely affect your legal rights.
Helpful?
Adv. Mrudhula Jahnavi
Serilingampally | 200+ Answers
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