What if plaintiff or his advocate does not remain present for a case for long duration.

Querist : Anonymous (Querist) 23 August 2011 This query is : Resolved
What if plaintiff and his advocate does NOT remain present for any of the court dates for more than 2 years for a case file agaist a property. Plaintiff filed case and later after 1 year came back to court with an application asking for next date from court. Later plaintiff did not came back, niether his advocate and now Judge is also not dismissing the case. Court has also sent a letter to plaintiff to come in court, but still niether plaintiff nor his advocate has came to court. As a defendent, what all rules can be used to get this court dismissed as early as possible. As intention of plaintiff was only to trouble and harrase defendent. This case is at Taluka level court. Please advice me, Thanks in advance !!

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Dr Anil Kumar Singh (Expert) 23 August 2011
Dear, There is court Procedure which must be followed by every court before deciding the case. These type of cases are decided ex-partie and dismissed by the Court. Ask your lawyer to strongly protest the same and also try to get relief from upper Court.

Advocate. Arunagiri (Expert) 23 August 2011
The case can be dismissed for non appearance.

Querist : Anonymous (Querist) 23 August 2011
Thanks for the quick reply, but any idea under which act & section, defedent can ask court to dismiss the case ?

prabhakar singh (Expert) 23 August 2011
The case has to be dismissed for default of plaintiff not interested in prosecuting the case ahead u/ o9r8&9C.P.C.

pathan shiyaz khan (Expert) 23 August 2011
Answer is cleared by Mr.Prabhakar Singh

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