Divorce case13a dismissed

Neeraj Jha (Querist) 18 December 2022 This query is : Resolved
My lawyer cheated me, I visited to his office on every date of court and he says that court given another date then I always use to come back. After some dates I noticed that my case has been dismissed as contestant (me) not present. I asked my lawyer but he is not responding well to me. Now my query is how much time I have to reopen my case. Now I want to appoint a new lawyer for my case to reopen this

My case is in rohtak district court.

Please suggest.

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Quick Summary

A divorce case was dismissed because the contestant (client) was marked as absent. The client suspects their lawyer's negligence led to this. The consensus is to appoint a new lawyer and file a petition under Order IX Rule 9 of the CPC to set aside the dismissal, provided sufficient cause for absence can be shown. The case has since been restored after the original lawyer admitted fault.

kavksatyanarayana (Expert) 18 December 2022
You can file an appeal in the High Court of the state by consulting a local lawyer.

Dr J C Vashista (Expert) 19 December 2022
Instead of attending office of your lawyer why did you not attend Court proceeding personally.
Basically you have filed the case and not your lawyer who had attended or neglected court proceeding, which can not be presumed by experts on this platform.
However, you are required to replace your lawyer, who will have to inspect case file, analyse facts, advise you and proceed as required.
If you are located in Delhi / NCR and feel so, may contact me with relevant records available with you.

Sudhir Kumar, Advocate (Expert) 19 December 2022
were you ever present in court.

SHIRISH PAWAR, 7738990900 (Expert) 19 December 2022
Hello,

Yes, you should have been diligent. You should have attended each and every date. Now appoint new advocate and file necessary proceedings in court.

Neeraj Jha (Querist) 19 December 2022
Sir can I reopen my case on the same status. It was on my evidence.??

Advocate Bhartesh goyal (Expert) 19 December 2022
Yes your case may be restored on showing sufficient cause of your absent on hearing date.

Dr J C Vashista (Expert) 20 December 2022
You have stated, inter alia, that, ".......After some dates I noticed that my case has been dismissed........" but you did not mention whether the case is dismissed in default (non-prosecution / appearance) or on merit. ??
It is not possible to presume as to what are the circumstances and orders passed by the Court for that case file has to be perused / inspected before forming proper opinion and oblige.

Neeraj Jha (Querist) 20 December 2022
Uncontested--DISMISSED IN DEFAULT U/O 9 RULE 3 OF CPC

T. Kalaiselvan, Advocate (Expert) 20 December 2022
It appears that your case has been dismissed for default.
If you suspect the reason for this was due to your advocate's fault, you may better engage a new advocate and file a petition under Order IX Rule 9 seeking for an order to set aside dismissal of the divorce petition stating that there was sufficient cause for your non appearance.
There is no necessity to file an appeal against this order to restore the case.

P. Venu (Expert) 20 December 2022
Yes, you may try to restore the petition through another advocate. It needs to be acknowledged that your advocate has been less than professional.

Pradipta Nath (Expert) 21 December 2022
You need to get the certified copy of the dismissal order. Appeal before the High Court and get it restored, because District Courts have no power to revise its own order.

Dr J C Vashista (Expert) 21 December 2022
Your case is stated to have been dismissed in default implies that no one has appeared on your behalf due to any reason, which can not be presumed.

Restore your case under order IX Rule 9 CPC through another local prudent reliable lawyer as advised by expert Mr. T Kalaiselvan and Mr. P Venu, which I endorse.

Neeraj Jha (Querist) 08 January 2023
Thank you all experts for giving your valuable time and knowledge.
Same Lawyer applied an application to the court stated that he was missed the note of date of court and hence client also could not be present. He accepted his mistake in application. And case is restored now. Thanks for your help. I could act only on your help.

Dr J C Vashista (Expert) 09 January 2023
Best wishes .............

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