Case dismissal
2 months ago
I had a case where the judge had dismissed due to not attending on that day but instead of me, my mother had attended the case on that day and she had submitted the GPA stating if any case I am not able to able to attend she attends the court, but still judge refused to take GPA and dismissed the case for not being available at court on that particular day. So I need a help on this is there any way to reopen the case and if yes I need to know how and what is required to be done
A.Dear Client,
There is no prohibition on allowing a recognized agent holding a General Power-of-Attorney (GPA) to represent a case in court, placing them on par with an advocate holding a Vakalatnama. Any order restricting a person with GPA from representing the principal contradicts the provisions of Section 32 of the Advocates Act, 1961. To reopen a dismissed case, the process typically involves filing a motion to set aside the dismissal, requesting the court to review and potentially overturn its previous decision. In cases of dismissal for default, the plaintiff can file a restoration application under Order 9 Rule 9 of the CPC within 30 days, providing sufficient cause for their previous non-appearance. If this fails, an appeal can be filed before the High Court within 90 days from the trial court's judgment. The Supreme Court of India, in the case of S. Ramachandra Rap Vs. S. Nagabhushana Rao & ors., affirmed that a GPA holder has the right to represent the principal in court.
There is no prohibition on allowing a recognized agent holding a General Power-of-Attorney (GPA) to represent a case in court, placing them on par with an advocate holding a Vakalatnama. Any order restricting a person with GPA from representing the principal contradicts the provisions of Section 32 of the Advocates Act, 1961. To reopen a dismissed case, the process typically involves filing a motion to set aside the dismissal, requesting the court to review and potentially overturn its previous decision. In cases of dismissal for default, the plaintiff can file a restoration application under Order 9 Rule 9 of the CPC within 30 days, providing sufficient cause for their previous non-appearance. If this fails, an appeal can be filed before the High Court within 90 days from the trial court's judgment. The Supreme Court of India, in the case of S. Ramachandra Rap Vs. S. Nagabhushana Rao & ors., affirmed that a GPA holder has the right to represent the principal in court.
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A.Dear Client,
There is no bar whatsoever to place a recognized agent holding a General Power-of-Attorney to take proceedings in courts, in the same position, as an advocate to whom a Vakalatnama has been given. Any order barring a person holding GPA to represent the case of principal, defeat the provisions of Sec.32 of the Advocates Act, 1961. The process of reopening a dismissed case usually starts with filing a motion to set aside the dismissal. This motion is a formal legal document submitted to the court, essentially asking the judicial system to revisit and possibly overturn its prior decision. Once the suit gets dismissed for default the remedy the plaintiff has to file a restoration application of the suit for setting aside dismissal under Order 9 Rule 9 of CPC, within 30 days of dismissal showing sufficient cause for his previous non-appearance when the suit was called on for hearing failing which appellant can file an appeal before the High Court within 90 days from the date of the trial court's judgment. The High Court will review the case and may set aside the order of dismissal if they find errors or issues with the trial court's decision. THE SUPREME COURT OF INDIA in the case of S. Ramachandra Rap Vs. S. Nagabhushana Rao & ors. held that a GPA holder can represent the case of the principal before the Court.
There is no bar whatsoever to place a recognized agent holding a General Power-of-Attorney to take proceedings in courts, in the same position, as an advocate to whom a Vakalatnama has been given. Any order barring a person holding GPA to represent the case of principal, defeat the provisions of Sec.32 of the Advocates Act, 1961. The process of reopening a dismissed case usually starts with filing a motion to set aside the dismissal. This motion is a formal legal document submitted to the court, essentially asking the judicial system to revisit and possibly overturn its prior decision. Once the suit gets dismissed for default the remedy the plaintiff has to file a restoration application of the suit for setting aside dismissal under Order 9 Rule 9 of CPC, within 30 days of dismissal showing sufficient cause for his previous non-appearance when the suit was called on for hearing failing which appellant can file an appeal before the High Court within 90 days from the date of the trial court's judgment. The High Court will review the case and may set aside the order of dismissal if they find errors or issues with the trial court's decision. THE SUPREME COURT OF INDIA in the case of S. Ramachandra Rap Vs. S. Nagabhushana Rao & ors. held that a GPA holder can represent the case of the principal before the Court.
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