Inzy (Sales) 26 February 2025

Hearing from last 2 years in civil case

Respected experts,

A civil suit was filed for recovery of money against deceased employee legal heirs in 2018 till.now they cant able to prove nor they have submitted any documents against the legal heirs.

From past 2years the case is in hearing stage almost 30 times case was called but the person who filed the recovery suit nor his advocate is attending court.

Pls advice how to get case dismissal in court.

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6 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399)) 26 February 2025

Hello Mr. Khan, In your situation, where the plaintiff and their advocate have consistently failed to appear in court over the past two years, you have grounds to seek dismissal of the suit. Under Order IX, Rule 8 of the Code of Civil Procedure, 1908, if the defendant appears and the plaintiff does not, the court may dismiss the suit. To initiate this, you should file an application requesting dismissal due to the plaintiff’s non-appearance and lack of prosecution.

To get to know more about the detailed procedure, and precedents in your favour, reach me out at adv.vishesh@icloud.com

Real Soul.... (LEGAL) 27 February 2025

Agree with Vishesh K Sapra,

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 February 2025

To get the case dismissed, you can file an application under Order 9 Rule 9 of the Civil Procedure Code (CPC), 1908. This rule allows for the dismissal of a suit if the plaintiff fails to appear on the date of hearing.

Given that the person who filed the recovery suit and their advocate have not been attending court for the past two years, you can argue that there is no progress in the case and it's causing unnecessary delay and hardship to the defendants. Here are the steps you can take: -

*File an application*: Submit an application to the court, highlighting the facts of the case, including the failure of the plaintiff to appear and provide evidence. - *Cite relevant provisions*: Mention Order 9 Rule 9 of the CPC, 1908, and argue that the plaintiff's inaction warrants dismissal of the suit. -

*Provide supporting documents*: Attach relevant documents, such as the suit file, attendance records, and any communication with the plaintiff or their advocate. It's recommended that you consult with a lawyer to ensure you follow the correct procedure and present a strong case for dismissal.

R.K Nanda (Advocate) 27 February 2025

File application in the concerned court for dismissal of case stating reasons for it.

T. Kalaiselvan, Advocate (Advocate) 27 February 2025

you can instruct your advocate to take up this matter before court due to continuous absence of the plaintiff who appears not interested to prosecute further and if necessary he can file a petition seeking dismissal of the suit for the reason that the plaintiff is not interested in further prosecuting the case.