Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

What is the procedure in civil suit

(Querist) 26 March 2013 This query is : Resolved 
what is the procedure in civil suit when the plaintiff or his advocate is not appear for 3 to 4 dates before framing of the issues, then what is the effect of non appearance of the plaintiff, is the court impose cost upon him or either court issue the notice to the plaintiff or any other procedure of the court.
please guide me!
R.K Nanda (Expert) 26 March 2013
pray to court to dismiss case of plaintiff.
Nadeem Qureshi (Expert) 26 March 2013
Dear Anuradha
as per Order 9 rule 8 of CPC
8. Procedure where defendant only appears

Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and, where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder.
Feel free to call
Nadeem Qureshi Advocate
D-720, Karkardooma Court, Delhi
9953809956
Adv k . mahesh (Expert) 26 March 2013
nothing more to add explained with rule
Devajyoti Barman (Expert) 26 March 2013
If any of the plaintiff or his advocate appears then the case would continue.
Else the court after giving one or two opportunity can dismiss the case on default ground.
ajay sethi (Expert) 26 March 2013
agree with experts
V R SHROFF (Expert) 26 March 2013
ANURADHA IS HERSELF A ADVOCATE:

Your Bar Asso Sr. Adv shd guide you.
File Application to expedite the matter and DISMISS, in case Plaintiff do not appear.

Your Appli will be allowed,if u r for Defendants. COURT WILL WILL DISMISSED THE CASE AFTER 3 DATES
Raj Kumar Makkad (Expert) 26 March 2013
Nothing to add more in the given replies.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :