Restoration of dismissed in default dv case
Reformist !!!
(Querist) 29 December 2015
This query is : Resolved
Hi Experts,
DV Case filed against me and my mother was Dismissed in default by the Hon'ble court by Court X.
After that, my wife changed her lawyer and new lawyer filed for restoration of the case and the same was assigned to Court Y, which was also eventually dismissed by the Court Y after 10 months of filing of restoration application and court quoted that restoration application is not maintainable. No reasons were recorded by the Hon'ble judge other than just writing "that restoration application is not maintainable". In restoration application she took the ground that judge of court X did not noticed them in the court and case was wrongly dismissed in default. Her lawyer's junior filed an affidavit also that he was present in the court premisis and whenever he came for case in court X, then other party i.e. we were not present. As per the Order, case was dismissed at 4.00pm but in affidavit her lawyer wrote that he was informed at 12:00pm that case has already been dismissed in default.
Anyways, after Court Y dismissed her restoration application, she filed a Combined appeal in Sessions court along with the application for Condonation of Delay under section 5 of Indian Limitation act.
Here Combined appeal means--> Appeal for Restoration application dismissed by the Trial court Y and appeal for dismissing the DV complaint in default of appearance by the court X earlier.
Sessions court has already condoned her application after imposing Rs 1500/- fine which she has already submitted.
Now i have a date where the COMBINED appeal is listed for arguments. My queries are:-
1. Can i file a reply in sessions court under any procedure? I want to file reply but my lawyer says that reply cannot be filed in sessions court. Can someone share any judgment which states that reply can be filed in sessions court.
2. Can a combined appeal be filed for two different orders passed by two different courts. If anyone can send me supporting judgments where it is mentioned that combined appeal cannot be filed. Every order has to be challenged in different manner.
3. Can a Domestic violence case which has been Dismissed in default by the court reopened with its original Number. Pls share the relevant judgments if anyone can share that DV cannot be reopened if once dismissed in default.
Experts, please suggest if anything comes up in your mind regarding my queries.
Regards,
SAINATH DEVALLA
(Expert) 29 December 2015
Repeated query Dear Reformist.
http://www.lawyersclubindia.com/forum/details.asp?mod_id=131307
Reformist !!!
(Querist) 29 December 2015
I did not get any answer from there, please check that post. The post has not been answered in legal terms as per my queries.
SAINATH DEVALLA
(Expert) 29 December 2015
U have to continue the same query instead of starting a new one when the subject matter is the same.
alexander
(Expert) 30 December 2015
further more besides being a reformist !!! you also seem to be an 'annonymist' which is not acceptable to this forum
Not knowing the full details of your case it cannot be said if it could be a case of " DOUBLE JEOPARDY"
Reformist !!!
(Querist) 30 December 2015
Mr. Alexander. It would be better if you reply as per the query rather than posting irrelevant replies on the forum.
The full details have already been mentioned by me in original post. If you have any queries on details, pl. let me know, i will reply to your raised questions on the same.
Dr J C Vashista
(Expert) 02 January 2016
@ Reformist!!!
1. Switch over to original thread instead of repiting same query.
2. Anonymous author has to be avoided.
3. If you are a lawyer consult some local senior advocate; otherwise, change your lawyer.
4. There is no such provision in Cr PC for restoration of complaint dismissed in defaul. Accordingly it is a fair and correct judgment, there is no impuginity or infirmity.
