Dismiss for default

valentine thakkar (Querist) 14 November 2013 This query is : Resolved
MACP was dismissed for non-appearance of parties. The busy adv. had too many cases to handle n could not appear on dates. The poor applicant approached me. The case was dismissed on 11-5-12. How to reopen it. I have no details of the reasons for default. I have original petition and other papers. Pl advise.

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Dr J C Vashista (Expert) 15 November 2013
Take vakalatnama from client, inspect the case file and move application (mention recent date of knowledge) for recalling order of DID.

Rajendra K Goyal (Expert) 15 November 2013
Agree with the advise of expert Dr J C Vashista ji.

Surrender K Singal (Expert) 16 November 2013
Affidavit from the defaulting Advocate can help in recall

Dr J C Vashista (Expert) 17 November 2013
Mr. Singal ji, I respectfully disagree with you as practically it is impossiblie wherein NO (I repeat no) advocate shall give you an affidavit to accept your version/ averments before the Court i.e., his/her fault.

V R SHROFF (Expert) 17 November 2013
Must apply for certified true copy of Order & complete Roznama. + all exhibits.
On receiving, find out reasons & why Adv did not appear etc,
actoins:
1] Apply for restoration, with prayer that u came to know now only, and justice cannot be denied for fault of Adv.
2] File Complaint in Bar Council against Adv , for negligence , not to inform 1 1/2 year+ not appearing..

Surrender K Singal (Expert) 17 November 2013
Agree with Expert Shroff shree

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