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Abhijit Mukherjee   20 September 2016

Ex parte case dismissed in default

Can a fesh case be filed if an exparte case dismissed by default for non appearance of petitionar or his lawyer after 2 years ?


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 3 Replies

Abhijit Mukherjee   20 September 2016

Can a fresh case be filed for an exparte case dismissed by default for non attendance of petioner of his laywer regarding possession of contents of a bank ?

Abhijit Mukherjee   20 September 2016

My late mother who passed away in year 2002 had a bank locker with her friend as nominee. Hence I filed a case as a legal heir to get the contents of the locker. Unfortunately I could not attend the exparte hearing on 30th April'16 and neither my lawyer. The lawyer did not inform me later what happened to the case. I missed hearing as I overlooked seeing a mail from my lawyar about the hearing as that time I hardly used to see my hotmail box.My lawyer is yet to get hold of the dismissal order. I dont think the case can be restored as I have no grounds to give. Hence whether a fresh case be filed on the locker ?

Abhijit Mukherjee   20 September 2016

Sorry I missed the hearing on 30th April 2014


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