Ezaan Khan 26 February 2025
Respected experts,
A civil suit was filed for recovery of money against deceased employee legal heirs in 2018 till.now they cant able to prove nor they have submitted any documents against the legal heirs.
From past 2years the case is in hearing stage almost 30 times case was called but the person who filed the recovery suit nor his advocate is attending court.
Pls advice how to get case dismissal in court.
Vishesh K Sapra (Advocate Delhi High Court and Supreme Court) 26 February 2025
Hello Mr. Khan, In your situation, where the plaintiff and their advocate have consistently failed to appear in court over the past two years, you have grounds to seek dismissal of the suit. Under Order IX, Rule 8 of the Code of Civil Procedure, 1908, if the defendant appears and the plaintiff does not, the court may dismiss the suit. To initiate this, you should file an application requesting dismissal due to the plaintiff’s non-appearance and lack of prosecution.
To get to know more about the detailed procedure, and precedents in your favour, reach me out at adv.vishesh@icloud.com
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