ksvrajuadv (Advocate) 03 November 2012
In last date of divorce case u/s13 HMA filed replication & did consideration of aplplication u/s24 HMA,today case adjourned for order of application u/s 24 HMA,neither counsel nor petitioner present in court till 2.30 o clock when appeared at 3 `oclock.Judge already ordered case D.I.D,can it restore again.Was it mandatory to appear in the court on order of application? Now what are the chances of the case to restore? what is the limitaion to file application of restoration ?
Tajobsindia (Senior Partner ) 04 November 2012
Art. 122 Schedule of the Limitation Act is set out hereinbelow :--
"122. To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs."
1. Hence DID can be restored to original number provided an application is put for consideration stating valid cause within 30 days.
2. However if same is placed for consideration beyond 30 days then a delay Condonation Application substitutes and thus case title interim application gets restored in instance facts situations.
Both above are simple procedures if you are representing petitioning wife side. Just sit with any petition writer of the Court they will provide to you template and add your clients justification of delay resulting in DID and same will be restored as interim maintenance comes under larger public polices (30 minutes delay in petitioning wife appearance) stage, a ld. Chair is expected to have patience on such matters to have waited or adjourned by announcing shorter date J
Member Strength 9,50,062 and growing..
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
