Abhijit Mukherjee 20 September 2016

Ex parte case dismissed in default

I had a bank locker in my late mother's name who passed away in year 2002. The locker had a nominee who was her friend. My name was not there. I filed a case but unfortunately the case was dismissed by default for my non attendance in the last exparte hearing on 30th April'14. I missed the hearing since I overlooked the communication from my lawyer in my Hotmail box which I hardly see. I also don't have any medical certificate to prove that I was unwell.In that case I don't think the case can be restored now and also my lawyer is yet to get a copy of the dismissal order. Can a fresh case be filed for the locker now ?

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6 Replies

Suri.Sravan Kumar (senior) 20 September 2016

Fresh case cannot be filed. But you can file restoration petition with delay condonation petition.

Advocate Bhartesh goyal (advocate) 21 September 2016

No, fresh case is not maintainable,file restoration application along with delay condone application .

Advocate Bhartesh goyal (advocate) 21 September 2016

No, fresh case is not maintainable,file restoration application along with delay condone application .

Abhijit Mukherjee 21 September 2016

But I dont have any grounds to prove any genuine cause of delay. I ovelooked my lawyars communication in my hotmail box. So whan ground I can file restoration and condonation of delay. Though the lawyar could have attended the court even without hearing from me to prevent the dismissal