Plaintiff lawyer appeared after being absent for more than 12 hearing

Ria (Querist) 01 July 2015 This query is : Resolved
Respected Experts,

The regular court judge had gone on leave for 6 months and during that period matter was transfered to incharge court.

The Plaintiffs lawyer appeared twice in that court and then later did not appear for more than 12 hearings.I applied for dismissal of suit and Interim applications filed by Plaintiff.

The incharge court while vacating a temporary injunction specifically stated that plaintiff has failed to appear regularly before this court.

Now when the regular court has come in session the Plaintiff has suddenly appeared. The court has given time to file objections to my application for dismissal of suit.

Please guide.

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Biswanath Roy (Expert) 02 July 2015
Wait till the objection is filed by the plaintiff. On perusal of the grounds/issues taken up by the Plaintiff you can think about how to defeat the same.

P. Venu

(Expert) 02 July 2015
It is the general rule that suits dismissed for default are reinstated as a matter of course.

Dr J C Vashista (Expert) 02 July 2015
Since the Court has to hear both the parties to meet ends of justice, it is imperative to seek reply of objection raised, before proceeding further.