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YN Gaikwad (self)     29 August 2010

claim petition dismissed

one of the mv claim filed under section 166 has been dismissed almost more than an year ago in mact. this claim was filed almost 4 year ago. there are written-statements filed by the resopondents and the issues were framed. there were no evidence from the petitioner and hence the finally the petition was dismissed. the petitioner is blaming the systeml for not condicting the case properly. is there any-way we could restore the claim. i guess the appeal to be filed in the high-court within 60 days, not yet done. Is there any hope for the claimant?


 3 Replies


If the petitioner could not file evidence at  that time,how on Earth he is blaming the system for dismissing his petition,every loser can blame the system easily.


It must be understood that cases are won or lost on the basis of evidences, not merely on statements.

I do not feel there is anything left, in your case.Do not waste time of the courts and your opponent also.

Sameer Sharma (Advocate)     30 August 2010

Well said Tushar Ji, the basic principles to file suit, claims or compensation is to show the loss, legal injury, legal reliefs. Burden of proof first lies on the plaintiff, all the facts, evidence, docs, and any other expert opinion can be filed with plaint. These are the basic procedure of law, don't blame on system with incomplete knowledge.

1 Like

Mugundhan (Lawyer)     02 September 2010

 u cannot blame the system for carelessness of the petitioner. Having said that if there are valid reasons for the petitoner's  non appearance he can file a petition to restore the case along with a petition to condone the delay.

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