• My divorce petition dismissed due to cheated by my lawyer

My divorce petition dismissed due to cheated by my lawyer in the district court who did not informed me any date, hearing ets. I am living outside of India and he took the advantage of that with opponent lawyer and dismissed the case by default purposefully. Can i refile the divorce petition or reopen the petition. Which is the best option?
Asked 1 year ago in Family Law
Religion: Hindu

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16 Answers

1) file application for setting aside order of dismissal of default 

 

2) in alternative file appeal against order of dismissal 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

No need to file a fresh divorce petition. You can get the dismissed divorce  petition restored by filing petition under Order 9 Rule 9 of Civil Procedure Code, 1908. Engage a new advocate and through him seek restoration of dismissed  divorce  petition in the same Court. You can give the reason that the your advocate did not inform you the proceedings  in the Court. It is valid ground for restoration of dismissed divorce  petition. You can get the some done through GPA given in your dismissed  divorce  petition.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

- If the said divorce petition is dismissed due to non-appearance of parties or lawyer, then you can move an application before the same court for restoring the case 

- If you are not satisfied with the outcome of that lawyer , then you can change him for filing the restoration application and to proceed further. 

- Further , as you are living aboard, then you can give POA to any relative or nearest one to engage a lawyer and to appear & depose on your behalf. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

If the case has been dismissed for default then you may have to file a petition to restore case.

You cannot blame advocate if you have not followed up the case properly through him.

However if you suspect the integrity of your lawyer you can engage a different lawyer and file a petition under order IX Rule 9 to set aside the dismissal order of the court.

Order 9, Rule 9, C. P. C. provides for an order to set aside dismissal of the petition  if petitioner satisfies the Court that there was sufficient cause for his non-appearance.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Hello,

  1. You have the option to get the petition restored, of it is dismissed for default. There's provision for the same in the Civil procedure code.
  2. Alternately, you will have to file the case again. One needs to get a certified copy of the dismissal order to arrive at the right course of action.

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

1. You can refile the same now through your trusted Advocate

 

2. You can get to know the status of the case including the dates of the next hearings from the eportal named eCourtsServices. It has become very easy now.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Client,

Yes,Order 9, Rule 9, C. P. C. provides for an order to set aside dismissal of a suit if plaintiff satisfies the Court that there was sufficient cause for his non-appearance. 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can still get your dismissed  petition restored though limitation for getting a divorce  petition restored is 30. As you are broad and your advocate did no cooperate, citing the same as reasons for delay file an application praying for restoration, you petition will be reviewed.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

The court will not send notice to parties after the case has been dismissed.

It is the responsibility of the party to case to keep a proper vigil and close follow up of the case.

Therefore you better file a petition to set aside the orders and to restore the main case as suggested earlier.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Contact another lawyer and make application for setting aside order of dismissal for default 

 

you have to apply for certified copy of order 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

It has been dismissed in default, so you cannot refile it now, but you can file an application for restoration of the petition. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- You can move an application before the said court for the restoration of the case on the ground of non receiving the notice of the court and your inability to appear before the court. 

- Further, you can apply or instruct the said lawyer to get a certified copy of the order passed with the order of dismissal. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. Collect the copy of the order first to take the next steps,

 

2. The act of your Advocate is treated as your act by the law.

 

3. Next time stand on guard on your case and attend the Court on every hearing dates. 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Yes you can restore it if any experts is filed. Or you can also dismiss it on merits

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Dear Client,

You can file a fresh divorce petition.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You cannot just rely on your lawyer 

Your work does not stop after entrusting the brief to the lawyer 

Its your duty also to regularly check with your lawyer 

Ideally the lawyer should have notified you about what all transpired in the court 

If he did not do that, that does not mean that you are not required to inquire at all 

You will have to wait for the final dismissal order to be uploaded on the Court's site 

Only after that you will come to know what exactly happened and why your petition got dismissed 

For now engage a good competent lawyer and apply for an urgent certified copy of dismissal order 

You can either go for a review or an appeal against the dismissal order 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

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