Shashank 29 April 2016

Case status

Hi Team ,

Case Status: CASE DISPOSED
Nature of Disposal: Uncontested--DISMISSED FOR DEFAULT

This case was filed by my partner 40 percent on a undivided Land which was purchased on Partner ship firm and my dad who holds 40 percent . and other partner holds 20 percent.

We got the Decision Date in December 2015 from civil court .

My question is :

1) As the status says Dismissed for default - Will an employee from court comes and divide the property into 40 - 40 -20 share for three partners ? and if yes within how much time they will come ?

2) As the case is DISPOSED - It means that the land is going to be in same state as before and court will not divide the property ?

What should we do in order to have the court divide the property ?

Reply Follow

2 Replies

Suri.Sravan Kumar (senior) 29 April 2016

My friend the case is dismised for default it means your partner did not pursue the matter due to which the judge dismised the case for default. However the case can be restored under O.9 R.9 CPC if your partner files petition within 30 days from the date of order after that he has to file Sec 5 Petition under Limitation Act for restoration of the case.

Anand Bali Adv. (Advocate Solicitor & Consultant) 30 April 2016

Dear Client Case dismissed in Default means the contesting party did not pursue the case at all in the court and infact were not present in the court and as such because the Plaintiff was not pursuing the case court took the decision not to go with the case pleading and thus decided to dissmiss it in default of non pursuance by the plaintiff it self.

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