Upgrad LLM

the court ordered my case as default dismissed

As i,am a plaintiff i didn't attend the case for 3 to 4 times on heiring date so  the court ordered the case as default and dismissed.even the defendant also not appeared for 3 to 4 heirings please let me know what it means,whether the case won by plaintiff or defendant nor i have to appeal or what please help me to take the decision. Thank you 


Which court the case was instituted / filed ? Why did you and your lawyer not appear ? When the same was dismissed in default ?

No facts have been posted by you for consideration and obligation.

It would be better to contact, consult and engage another local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding, if you have lost faith in your lawyer.



your case was dismissed for default for not attending the case inspite of granting time by the court. You have to file restoration petition through your counsel to restore your case.


File restoration application and if needed then file delay condone application also for restoration of case.


Yes, the suit could be restored ; limitation apply. But delay could be condoned if sufficient cause is shown and explained.

ha21@rediffmail.com Mumbai : 9820174108

1. AGREE with above opinion of various Experts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Retired Manager

You have not won the case nor the defendant. The court dismissed the case for want of your presence.  Having filed the case, it is your responsibility to be present when the Court posts it for various purposes. Please contact your Lawyer to file a restoration petition as already guided by the Experts above.




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