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Nida Khatri   09 November 2020

Victim summon pls help

If the victim did not receive the summon due to some reason or other, and the judge dismisses the case due to his absence, how can the victim defemd himself if he files an appeal?


 1 Replies

Bhumika Vig   10 November 2020

If you are a plaintiff and have not appeared for the proceedings but the defendant has and have asked for dismissal of the case, the court may have dismissed the case without prejudice which means you still can refile the case. You will have to start again with a new Notice of Claim and also have to pay the court costs and services fee again. Also, you can file an application to set aside the order of dismissal under Order 9 Rule 9 of the Civil Procedure Code which provides for an order to set aside the dismissal of a suit if the plaintiff provide sufficient cause for non-appearance and has to satisfy the court with the reason. The court, if satisfied may set aside the order of dismissal of the suit and fix the day for proceeding.

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