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Reformist !!! (Other)     30 September 2014

Restart the dismissed case

Hi Friends,

Judge dismissed one of my wife's case because of her non appearance in the court.
 
Now she has filed the petition to re-open it. 
 
My query is, whether the filing date of the case will remain the same as of the 1st case or will the date of filing of case will be this 2nd one, as the case is related to maintenance and RTR.
 
Need your valuable inputs on the same.


Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     05 October 2014

If she succeeds in her attempt, the first date will be taken into account. it is only re opening of case and not a new one. Generally if the case is barred by limitation the court may ask to go for new case with new grounds instead of re opening old case.

AS   05 October 2014

Civil case:- Well case get dismiss in default if person who filled the case , wont show up.

Yes she can reopen the case by giving reason why it get dismiss in default , silly excuse like lawyer has noted a wrong date etc will work.

Date of filling the case will remain same.

Reformist !!! (Other)     06 October 2014

Thanks for the valuable inputs. I will fight it out to get it dismissed again.


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