Time limit to reopen cases dismissed for default
yeteendra naidu
(Querist) 14 November 2013
This query is : Resolved
The petitioners in a property case filed multiple cases in different courts and forums including high court but did not take it to its logical ends by abstaining or not attending the courts/forums whenever the cases were posted except for a few sessions initially. neither their advocates attended nor the petitioners were present in the court as a result every court dismissed the case for default, but no court or forum gave an ex-parte order. I would like to know if there is any time limit for the petitioners to reopen cases and if so how many years. Moreover I would like to know under which circumstances the court gives order of "dismissal for default" and also why not "ex-parte".are the circumstances not similar in both.
Sudhir Kumar, Advocate
(Expert) 14 November 2013
you can within one month of order file case for restoration of case dismissed in default.
R.K Nanda
(Expert) 14 November 2013
it is 30 days from date of dismissal.
ajay sethi
(Expert) 14 November 2013
although it is one month time delay can be condoned by courts . make application for condonation of delay with affidavit in support . on payment of costs courts condone delay
BAALASUBRAMANNYAMM
(Expert) 14 November 2013
If a suit is dismissed for "default" on any reason, you have to file a petition under Order 9, Rule 9 CPC before the court, where the suit was dismissed. In case of non filing the said petition within the stipulated period, you can also file a delay condonation petition under Section 5 of Limitation Act.
Adv. Chandrasekhar
(Expert) 14 November 2013
30 days. Can be filed later on with an application for condonation of delay. if petitioner fails to appear, it is dimissal in default. if respondent fails to appear, it will go on ex-parte.
V R SHROFF
(Expert) 14 November 2013
receiving true copy of order for dismissal takes time, one can file delay condonation, on that basis
prabhakar singh
(Expert) 14 November 2013
An order of dismissal is passed against the party who initiated the proceedings when such a party fails to attend the date fixed by court.
An ex parte order is passed against opposite
party who does not appear to attend the case
even after due service of notice of the case
against him.
To set aside any order of 'dismissal' or 'exparte order' time prescribed as limitation is 30 days from knowledge(excluding time consumed by court's copying section in preparing the copy of order and notifying the same on the notice board of the copying section of the court) but any delay caused in moving petition can be condoned by court when applicant shows a reasonable reason that judicially appeals to the court .
yeteendra naidu
(Querist) 15 November 2013
but would like to know if there is any time limit for condonation by the courts.
V R SHROFF
(Expert) 15 November 2013
at pleasure of court.
