Hi
If both the parties are not attending the court, the case will be dismissed for default.
Please check your case status in ecourts.gov.in
I bought a property from a women 5 years back. The womens daughters filed a petition in the court two years back claiming they dint get a share in the property and to make the sale deed void. Since one year neither they nor their representative are attending the court. Even i havent met my lawyer since year and half and i donot know if he is representating the case or not. What happens to the case now?
Hi
If both the parties are not attending the court, the case will be dismissed for default.
Please check your case status in ecourts.gov.in
See if plaintiff lawyer is not going the case is dissmissed for want of prosecution alternatively if there lawyer is not present an ex-parte order can be taken
If the plaintiff fails to appear in court the case would be dismissed on Grounds of non prosecution.
If your counsel is not appearing and the other side is appearing, you would be proceeded ex Parte
Dear Sir,
If plaintiff and the defendant does not attend the court, then court will give one or two opportunities to both parties. After that definitely court will dismiss the with default of the parties. It is better to you ask your lawyer regarding this issue.
If the case is civil in nature, then personal presence of victim/plaintiff is not necessary on every date of hearing. Advocate can attend the proceedings in the case. If advocate is also absent, then case may be dismissed by the court as ‘dismiss in default’.
if the plaintiff is absent or remains absent on several dates, then it will automatically get dismissed for want of prosecution
When neither party appears, the suit is liable to be dismissed. It is only a matter of time—of when and not if. Please see Rule 3 of Order 9, CPC.
hello
the case has been going on and nobody is attending the court. you didn't file the case as you are not the aggrieved party. the daughters field the case and if they are not attending the court and not participating in the proceedings, the will dismiss the case for want of prosecution.
regards
should i file an appeal to dismiss the case or should i not attend the court. wats better?
You have to file an application before same court if the plaintiff is not coming to reject the case as want of prosecution.
Your Advocate can ask the Civil Court where the case is pending to dismiss the case due to continuous non appearance of the plaintiff.
appeal is not required
if summon is served on you, then you must file your written statement within the statutory period from date of receipt of summons
after that the court will post the matter for framing of issues
after that the court will ask the plaintiff to file his affidavit of evidence
if plaintiff is not attending then his evidence will be struck off
then court will ask you to file your affidavit of evidence
if plaintiff is not attending then your evidence will go unchallenged
finally the matter will be posted for final arguments
if plaintiff is absent then the suit will be dismissed for want of prosecution
you must ask your lawyer to consider filing a rejection application under order 7 rule 11 of CPC and have the suit rejected
the court will issue summons against the complainant to come to the court and depose. If the complainant doesn't come despite the court issuing summons a couple of times, then the court can drop the testimony of the complainant.
The defendant usually will prefer to have the judge decide the case, because if the case is simply dismissed (called a "dismissal without prejudice"), the plaintiff can refile it. If a plaintiff does not show up at the hearing and did not request a postponement, it's likely the judge will dismiss the case.
Without getting the case status of your case from the concerned court, nothing concreate can be advised. However, if the plaintiffs themselves are not following their suit, it would dismiss in default for non-prosecution. Its better to visit the court concerned and if you remember any last date, see the cause list and from there you would get the status.
You have to contact your lawyer to know the present status of the case.
You cannot ascertain the status of the case without attending the court or without being
in touch with the advocate concerned.
Being defendant the damage will be to you if you are lethargic and not showing any interest in this.
should i file an appeal to dismiss the case or should i not attend the court. wats better?
You have already engaged an advocate, hence it will not be fair on your part to do something on your own guesses and imagination.
Better contact your advocate or at least go to the court and clarify the details in person from the court staff.