Dismissed case due to non-prosecution - Property Dispute
Can a case be restored in case if it has been dismissed(Dismissed on 26/07/2012 due to non-prosecution) and we are the "Plaintiff". Due to certain circumstances didn't attend the dates,neither the advocate took any interest in that. Now as on this year, what would be the procedure to "re-open" the case and what could be our rights?
Asked 3 years ago in Property Law from New Delhi, Delhi
Hi, you have to filling application for restoration of the case stating there is a sufficient cause for not appearing before the court..........contact your advocate.
take out notice of motion for restoration along with affidavit giving reasons as to why delay should be condoned in taking out restoration application
filling application for restoration of the case stating there is a sufficient cause f,you will have to give reasons as to why delay should be condoned in taking out restoration application.Kindly hire a advocate for appropriate advise
Advocate, New Delhi
Thanks a tonne, to all members for your kind response...!!
Asked 3 years ago
thanks for your appreciation
The case can always be restored in the interest of justice and fair play subject to the nature thereof. Apply for restoration with a supporting affidavit without any further delay.
I have already requested to my advocate to get the Roznamaa/Last order copy,so that a clear picture can be identified ,whether on what ground exactly the case has been dismissed? Though I know, the non-prosecution will be the main issue, but still moving ahead with right info will be more suitable I suppose.In between Thnaks a lot sir for the advice...!!!
Asked 3 years ago
Welcome and thanks for appreciation.