In a BAR INJUNCTION SUIT I am the defendant, It has been dismissed for default, But issued has not been framed in the judgement.
in such situation, whether the dismissal connotes dismissal of the averements in the plaint as denied in the counter
Krishnamurthy (Propreitor) 15 September 2016
In a BAR INJUNCTION SUIT I am the defendant, It has been dismissed for default, But issued has not been framed in the judgement.
in such situation, whether the dismissal connotes dismissal of the averements in the plaint as denied in the counter
Meenakshi (Lawyer) 15 September 2016
Dismissed for default means dismissed for non prosecution.
It simply means that the Advocate for plaintiff was not present at the time when matter was on board and called out and therefore the matter is dismissed. The Advocate for plaintiff can now file an Application for restoration of the matter. The Judge normally restores it if sufficient cause is shown.
It is not dismissal of averments because the matter is not heard at all.
Krishnamurthy (Propreitor) 15 September 2016
but we have filed the counter wherein we have denied the averements stated in the plaint and more than that proof evidence has also been file by us
Nitish Banka (lawyer) 16 September 2016
File for restoration.
Warm Regards,
Advocate Nitish Banka
9891549997
Rohit Subbayya (Advocate) 16 September 2016
Dismissal for default does not amount to a judgment on merits.
A suit for injunction can have recurring cause of action and hence the Plaintiff can either opt to restore the suit or file a fresh suit.
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