Reasonable cause for non-appearance
Ranganath
(Querist) 14 February 2012
This query is : Resolved
Ld Counsels,
For a party in person, will it be enough to show that he was present before the high court for hearing due to which he couldnt attend proceeding before the family court. Both courts are in the same campus.
The case before HC has not reached on that day and no hearing happended. Family court has dismissed the case for default due this non-appaarance. Can the case be restored due to this reason, Kindly clarify.
Ranganath
(Querist) 14 February 2012
Please note that high has already directed the family court to dispose of the case expeditiously.
Tajobsindia
(Expert) 14 February 2012
@ Author
1. Yes, file restoration application and appearance in HC on same date is a resonable cause to get suit matter restored.
2. You may show HC cause list containing your name to trial Court as additional submissions since you are P-I-P before trial court.
venkatesh Rao
(Expert) 14 February 2012
you can seek for restoration and it is a good and genuine reason. The order of the high court to the family court is to dispose off expeditiously and it does not mean somehow to dispose off the matter.
Ranganath
(Querist) 15 February 2012
please also clarify, I have one OP and wife has another OP. I also have an IA in wife's OP. COurt had set me exparte in wife's OP and dismissed my IA in default. I have got a direction from HC to give full consideration to the IA at the time of final disposal. In the IA counter was filed by wife and written submission were also filed by both sides. after that HC directed the FC to consider it at the time of final disposal. Since I am set ex parte in wife's OP Will the court consider the contentions in IA. Also if I restore my OP will the ex parte decree will be automatically set aside irrespective of whose favor it was ordered. Thanks in advance.
Ranganath
(Querist) 15 February 2012
in fact the IA was dismissed in default is that right inpite of HC's direction to consider at the time of final disposal. Also I have field counter in wife's IA will that be considered at least. Thanks.
