1) file application for setting aside order of dismissal of default
2) in alternative file appeal against order of dismissal
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?
1) file application for setting aside order of dismissal of default
2) in alternative file appeal against order of dismissal
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.
- 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.
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.
Hello,
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.
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.
The divorce case was transferred to opponent place and within 4 months case was dismissed. I have not received any notice, nothing and dates were given very close like after 5 or 6 days. It was dismissed on April but I have not received any order and neither on the ecourt portal. Just mentioned dismissed.
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.
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.
Contact another lawyer and make application for setting aside order of dismissal for default
you have to apply for certified copy of order
It has been dismissed in default, so you cannot refile it now, but you can file an application for restoration of the petition.
- 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.
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.
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