But there are many citations which have been issued that when the matter is not on hearing then such dismissal do not attract sub-rule (2) rule 105 but then such dismissal is made under section 151 of cpc.
i hope you must got or understand above 3 paragraphs therefore to prove my case, and to restore the same , I have to make a statement that my EP IS DISMISSED UNDER SECTION 151 AND NOT UNDER RULE 105 AS THE EP WAS NOT ON HEARING.
You are reading between the lines.
First of all you should understand the meaning of hearing.
Hearing may be for trial or for any other business on that particular day.
If you have absented during the said date of hearing and there was no representation from your side, then the court has right to dismiss the same for default.
How do you say that the court has dismissed your case under section 151 CPC, have you seen the order to confirm what you say?
Instead of complicating the issue you may simply follow the laid down procedures for restoration when there is a provision in law for that.
Simply agitating over the issue will lead you to nowhere and it will be an unnecessary stress on you.
THEREFORE BY PAYING YOUR CHARGES I HAVE REQUESTED MY TWO QUESTIONS " what is hearing means" and secondly " is there citation which has interpretation of hereing " but it is unfortunate, the advocates give replies which are irrrelevent in view my brief history and questions.
Dont blame the advocates for not providing you with the desired opinion.
For your information, hearing means:
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency or a Parliamentary committee. ... Limited evidence and testimony may also be presented in hearings to supplement the legal arguments;
Hearing on a motion is Motion Hearing. A Motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response.
A hearing is generally distinguished from a trial in that it is usually shorter and often less formal. In the course of litigation, hearings are conducted as oral arguments in support of motions, whether to resolve the case without further trial on a motion to dismiss or for summary judgment, or to decide discrete issues of law, such as the admissibility of evidence, that will determine how the trial proceeds. Limited evidence and testimony may also be presented in hearings to supplement the legal arguments;
a status hearing is a meeting between the plaintiff and the defendant and their legal representation, as well as a judge or meditating party. Their goal is to get people to talk before trial to see if the issue can be settled out of court.
Hope the above clarifies.