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Ramesha (Manager)     12 April 2011

Is case will be dismissed if Plantiff is absent in court ?

Hi All,

I have one Civil Partition suit case in one district court in Karnataka, I am representing the case my self.

My question, For any reason, If ia m not able to attend to court on my case day, is case will be dismissed ??

Thanks in advance for your answers



Learning

 9 Replies

R.Ramachandran (Advocate)     12 April 2011

Yes, if on the date of hearing, if the plaintiff is not present, then the case will be dismissed for non-prosecution.  However, if you have sufficient reason for non-appearance, and immediately after such dismissal of the case, you can make an application for restoration of the case.  If the court is satisfied with the reasons given by you, then the case will be restored.  But it is advisable to note the date of hearing and to be present to avoid such situations.

G. ARAVINTHAN (Legal Consultant / Solicitor)     12 April 2011

If the case is neiither represented by any party nor counsel, will be dismissed for non prosecution

adv. rajeev ( rajoo ) (practicing advocate)     12 April 2011

If the case is posted for the evidence and inspite of giving several hearing dates if you failed to appear before the court and failed to lead your evidence then it wil be dismissed for default.

You said it is in the Dist., court. I think it is an appeal.  If you failed to appear and argue the case then court may take that " argument heard" and it may posted for the judgement and it can also dismiss for default.

Naresh Kudal (none)     13 April 2011

agree with experts.

Adv. Dharmendra G. Pardeshi (Chairman)     13 April 2011

It is advisable to remain present in the court on each day of hearing to avoid any adverse results.

rajesh kulkarni (Lawyer/Advocate Hyderbad 7799116901)     14 April 2011

in this case u r PARTY IN PERSON............. so on non appearance case may be dismissed but if court is satisfied on valid ground for non appearance case will not be dismissed............. but always party in person is not advisable

Lalitha R (ADVOCATE)     15 April 2011

Where the defendant appears and plaintiff does not appear and the defendant does not admit the plaintiff's claim wholly or partly the court shall pass the order dismissing the suit.

But if the defendant admits the plaintiff's claim as whole or part the court will pass juudgement against the defendant upon such admission and dismiss the suit for rest of the claim.

However it is a serious matter to dismiss the plaintiff suit withhout hearing and the court would adopt it only if it is satisfied that justice so requires.

 

 

 

Nadia (Farmer)     03 November 2011

I have the same issue but we are the defendant and the plaintiff has not made an appearance and our lawyer says until he doesnot put up his points we cannot defend we have to wait as he is the plaintiff , it has been more than a year. A regd notice was sent to him at that hearing his lawyer came asking for more time, and again now he or his lawyer are not coming. what can be done? can u suggest on what ground do we ask the judge to dismiss the case.

We have already won a case in the lower court.

P.Padmanaabhan (advocate)     03 November 2011

So, u all havde said that where the plaintiff  is not present the suit will be dismissed. Rigth! It applies  to interlocutary appliactions too...rigth? as in the suit , in the IA too where the petitioners is not prsent when the IA came for eharing, the judge should dimiss it!  And, when the respondenst tolo are not present? Still, since the petitioner was not present, the petition must normally be dismissed. But on one occasion the district judge wrote the roder. No aprty persent. no reperentation made. the petition is allowed since dismissl  owudl be regeressive in natuer in view of the suit beign of the year 1994!  How is justfied? 


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