IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sushil kumar (HSE)     17 June 2011

Dissmissal of civil case

urgent and important

dear sir

i am sushil kumar NRI, case is >>   in my absense my relative entered in my house by lpck breakiing, after my all failuer NGO. conselling etc, a civil suit filed for to remove the trespassers and for mandatory possossion, 

i visitd on all dates from dubai, the advocate was cheating, using his law knowledge to delay the case, apponted new advocate, on 23 april new advocate appointed, he submitted reapplication , date was 10th, 06 11,

 judges were also malfunctioned there complaint was done, on 10 june, judge put new date 14 th june to settlel / frame the issues, 

i came back to dubai, my new advocate advise, no need of mine, on 14th as informed by my advocate >> he visted in court room 0800 hrs other party adv not came, my advocate moved to other corts and placed his munshi in the court , on arrival of  other party advocate , call him immidiatle, the other party advocate appears in court at about 1300 hrs , judge not waited for my advocate, passed orders on default dissmiss the case,

please advise > is this dissmissal is justice, i was in his cout previous all dates, 

what next action >>>> as per law,  visit www.mediafire.com/nrihrypklpolicekill download and study case file 151


sushil kumar 



 5 Replies

Kiran Kumar (Lawyer)     17 June 2011

such an order can be set aside, it will be improper to find fault with entire system.


talk to your lawyer and proceed with a proper application for setting aside the impugned order.

adv. rajeev ( rajoo ) (practicing advocate)     17 June 2011

I think becausde of such judges, there is no wrong to demand to include judges in the LokPal Bill.  I think judge is bribed by the other side.

Absoultely it is a mistake done by the judge.  When the case is posted for the framing of issues, after framing issues he could have given time to lead your evidence, for not doing so it is illegal.  Your advocate could have filed an application immediately restore the matter.  Now your have to file Miscelleneous Appeal against dismissal  for restoration.

G.L.V.Ramana Murthy (Advocate)     17 June 2011

nothing to worry , you can file a petition for setting aside the dismissal order and restoration of suit in to file. it is always better to select lawyer havng integrity , honesty and sincearity as you are far away to india. appoint some of your important relatives to look after the matter and appoint him as your power of agent to look after the litigation .


vishesh kumar (0)     18 June 2011

you may file application for setting aside the orderof dismissing in defalt. you hav sufficient reason.


and if you hav not faith on judge then you can file an application to district judge to transfer of the case to NRI

court (if exit)or any other court.

Maninder (Shopper)     28 June 2011

i think there is no justie just insult of it . this type of judges are making our law handicapped .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query