• In case of ambiguity of , can the summons be sent to the Lawyer

I had filed a SBI credit card  wrong debit case to SBI cards last year. in due course SBI card laywer appear in the case . Two month back my lawyer missed the hearing(intentionally or otherwise) the judge dismissed the case.

Now we are in process of re-registering the case. Since giving summons to the SBI card is a tedious issue , can the court   send the summons to the SBI card Lawyer.

if yes , any reference case/law

RK Rattan
Asked 7 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

4 Answers

1) you cannot send summons to the lawyer

2) you have to serve SBI Card only

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Hi

Since your case was dismissed for default of non appearance of your lawyer you should file for restoration of case under Order 9 Rule 9 of CPC.

You cannot re-register the case as Civil procedure code does not permit re-registering a new case when your case was dismissed for default.

you can send the copy of the restoration petition to the SBI Lawyer and then move the court for restoration of case.

Order 9, Rule 9 is produced is herewith for your perusal.

Order 9, Rule 9 - Decree against plaintiff by default bars fresh suit. - (1) Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit. and shall appoint a day for proceeding with suit.

(2) No order shall be made under this rule unless notice of the application has been served on the opposite party.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

If your case is dismissed for non-prosecution as your lawyer failed to appear on the fixed hearing date, then he can file a Miscellaneous Petition seeking recall and restoration of the original case itself. For this he can serve a copy of the petition on the advocate who was appearing for SBI Cards, after which the court will take up the case on merits.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

If the court dismissed the case for default then you may file a restoration petition.

The summons to opposite party can be sent through court process.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer