Dismissed for default
2 years ago
Hi sir..
Iam R S patil from karnataka
Gulbarga city
One small quotation i have
My anty filed a case in 2007 against ancestral property against my father which as comes from my grandfather property
But in 2009 the case is disposed
The nature of disposal is dismissed for default
Already plenty of years passed
Can she able to restore file or file new case
Wat will be the next step taken by her in this situation
Kindly give me same suggestion in this regard
Thankyou ??
A.Dear Sir,
'She has to file an application for restoration of such case by giving solid reasons which is impossible. You may get the certified copies of the same and verify whether she has filed any miscellaneous application for restoration of original suit'.
'She has to file an application for restoration of such case by giving solid reasons which is impossible. You may get the certified copies of the same and verify whether she has filed any miscellaneous application for restoration of original suit'.
Helpful
Helpful
Share
A.Dear Client,
A Disposed Case can be reopened for many reasons:
1. If either the party to the case is not satisfied with the final judgment.
2. Due to some mistake, the relief can be granted
3. If any new evidence is found relating to the case which can alter the judgment.
A Disposed Case can be reopened for many reasons:
1. If either the party to the case is not satisfied with the final judgment.
2. Due to some mistake, the relief can be granted
3. If any new evidence is found relating to the case which can alter the judgment.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Usually within 30days from the date of dismissal of the concerned matter, restoration application was required to be done in the same Court and even afterwards she was entitled to do so with an application specifying justifiable ground for condonation of delay in filing such Restoration Application in time so to give opinion, it is necessary to know what Steps your aunt had taken in this regard.
Helpful
Helpful
Share
Subhashis Paul
Responded 2 years ago
A.First of all the complete order of the learned judge need to be studied properly for providing the best answer to your problem.. but in case of non continuance from the side of your aunty in the said suit, which may be a reason for the disposal of the said suit then in that case... A fresh suit can be filed on the same cause of action by the party who having the legal right over the said property to the suit at any time in future before the jurisdictional court where the property is situated.
Helpful
Helpful
Share
Read Related Answers
how long can a school legally retain confiscated items - mobile phone
Dear Client
The School can take a mobile phone in a circumstance if they feel it necessary and expedient, but they must give it back to the student at the end of the school day. The school does not h...
Caste change
Dear Client,
In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
Tree near boundary
Dear Client,
It is advisable to discuss the issue with your neighbor and try to solve it amicably. If it's not resolved through verbal request, then you can send a legal notice and demand them to make...
Property way dispute
Dear Client,
You need to adhere to the schedule of the property as mentioned in the Sale Deed. As per the sale deed, you are entitled to the common passage area of 9 feet passage. However, suppose the...
Suit for Declaration Clarification
Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, ma...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
