O9r9 c.p.c.

Advocate Rajiv Mishra (Querist) 05 November 2011 This query is : Resolved
Is an application filed U/o 9 R 9 C.P.C. within time limit can be cancelled, the plea taken is absense of advocate due to illness who was the pairokar also?

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Ravikant Soni (Expert) 05 November 2011
It could be a better ground if proved well.
You should also file an affidavit of such lawyer.

Advocate Bhartesh goyal (Expert) 05 November 2011
In application u/o 9 r 9 of C.P.C plaintiff has to mention the sufficient cause of his absent and not to his counsel.there are several judgments which says that busy of Advocate in another case or due to any other reason is no ground to set aside the order of dismissal of suit.

Kiran Kumar (Expert) 05 November 2011
sufficient ground to challenge the order...

prabhakar singh (Expert) 05 November 2011
If the application states that plaintiff applicant has given instruction to his counsel to attend the case on date fixed
and counsel fell ill on the fateful day of
dismissal and could not attend the case on the date fixed,then if counsel files affidavit that on date fixed he was prevented to attend the court to due to his illness which is supported by medical certificate,then i find no reason why a court shall not believe it reasonable ground unless
the other side proves that the plaintiff's counsel has attended his other listed case in court on the date of dismissal of the plaintiff suit.

Guest (Expert) 05 November 2011
it is a valid ground to restore the suit/petition on file.

Advocate Rajiv Mishra (Querist) 05 November 2011
tahnks all.

R.venkatesh Naidu (Expert) 14 November 2011
i agreed all the experts

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