• DWOP

What is meaning of dismiss of default/want of prosecution?
Asked 8 years ago in Criminal Law
Religion: Muslim

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21 Answers

Your lawyer was not present in the court when the case was called in the court.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir ...

Dismiss in default means ..That any case , complaint or any suit which is pending on your part and you did not appear in that case in court .The court will after giving you some opportunity Dismiss that case,suit or file and that will be considered as your jisake ..And if you want that you case will again stand in court than you can file an application of restoration giving such valid reason for which you are not able to appere in the court ...After consideration by court your suit will set up again ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hi , it means that the case has been dismissed due to the non - appearance .. File a application for restoration of civil suit

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

It means that the complainant/prosecution is absent on the dates of the hearings for which the case could not be tried/heard and for the said reason the case is dismissed.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.The case has been dismissed which means that it does not exist any more.

2. When the case does not exist any more, there will be even no present of the case, leave apart its future.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

A case may be dismissed for want of prosecution (DWOP)on failure of any party to appear for any hearing or trial,

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File appeal against said order of dismissal

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you don’t want to pursue it forget it

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Recall application has to be filed, if you do not want to pursue it further then let it be, this shall not male difference.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can not pursue it any further since the said case does not exist now for being pursued by you.

It is closed now.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If you don't want to pursue it further ..Than there is no isse left ..You need not to worry no legal action should be taken against you...

Just enjoy your life and leave happily..

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

It means the case has disposed off due to non appearance on the part of the complainant.

The complainant may file restoration petition for restoring the case.

If you are the accused then don't need to pursue the case.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

When a civil /money suit filed and neither plaintiff nor his counsel is present when the suit is called for.

Fresh suit on the same cause of action cannot be brought.

Thirdly you loose your right to seek the relief and in case you are defendant in the case, it shall be decided ex-parte in your absence.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

Dismiss of default means case has been dismissed on the non appearance of the complainant because there was no one to contest the case.

You can withdraw the matter by simple application.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

dismiss of default/want of prosecution:- This is a situation when a case is dismissed by the court one nobody(lawyer) appears to represent the litigant in a case.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Q. What is future if such cases?

Ans. The case having been dismissed is not alive. However, if you wish to, you can move a restoration application.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

q. What if I don't want to pursue it further?

ans. sit back and do nothing about the dismissed case.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi

Dismiss of default , want of prosecution means that the prosecution side have failed on their side to pursue the matter.

If you donot want to pursue it further then leaving it.

The matter is already dismissed.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The complainant/petitioner wold not have shown interest to appear before court to conduct the case filed before the court, hence the court has dismissed the case for not prosecuting/progressing the case.

It may be restored by filing a set aside petition.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

What is future if such cases?

As of now it stands dismissed, it can either be restored by filing a restoration petition as per the nature of case or a fresh case may be filed if it is not affected by resjudicata

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

What if I don't want to pursue it further?

It is your decision, if you dont want to follow it , you can just like that leave it and look into some other business.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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