498aVictim (sdfasf) 27 December 2017

Is it good to appear in mc case already dismissed default?

Hello Sir/Members -

Apparently ex-wife has used wrong address and filed Maintenance case in a remote court in another state, but i found out where the case was filed and was planning to appear. However, the case has been dismissed for default, even before i file vakkalath.

1. is it good idea to file vakkalath & appear now for the purpose of getting certified copies of documents?

2. will this case have judgement copy?

3. if appeared now, will judge reopen the case or just issue the documents?

kindly advise. thank you.

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3 Replies

Vijay Raj Mahajan (Advocate) 28 December 2017

Case dismissed in default of non-appearence cannot be reopened by the respondent/opposite party by filling Vakaltnamma for the advocate. The certified copy of the final order dismissing the maintenance case on default can be obtained by anyone without even filling Vakaltnamma, as Vakaltnamma required by the advocate for pending cases not the decided cases to obtain the certified copies of the orders/judgment/decree etc.

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Advocate Bhartesh goyal (advocate) 28 December 2017

Yes,case once dismissed in default can not be restored by filing only vakalatnama.Petitioer has to file application for restoration of case alongwith affidavit and has to mention thèrein the sufficient cause for her non appearance .without such application no use of filing vakalatnama and case wilĺ be deemed as dismissed.

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498aVictim (sdfasf) 30 December 2017

thanks for your kind suggerstions sir.