Legal Question in Wills and Trusts in India

SIR. I WANT TO KNOW :

1. IN WHAT CIRCUMSTANCES A MAGISTRATE (JUDGE) OF LOWER (TRIAL) COURT DISMISS (DoD) A CIVIL CASE?

2. WHAT IS THE PROCEDURE TO RESTORE A DISMISS CASE?

3. IS THERE ANY LIMITATIONS OR TIME LIMITATIONS TO RESTORE A CIVIL CASE?

THANKS.


Asked on 8/19/10, 10:49 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

dismiss in default takes place when the plaintiff fails to appear before the court and the defendant is present.

The plaintiff may file an application for restoration with in 30 days of dismissal under order 9 cpc

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Answered on 8/20/10, 11:11 pm


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