Arpan Chakraborty 28 August 2019

Uncontested--dismissed for non prosecution

Sir, This is regarding a probate suit filed against us by our paternal aunt after an unregistered will done by our father's elder brother. As he has no other legal successor apart from my father. My father's elder brother made a will in 2013 where he kept my paternal aunt(my father's elder brother's sisiter) as a beneficiary. But he didn't register it . My Father's elder brother died on April 2017 . Later his sister made a probate suit where she showcaused my father .Our lawyer made an objection accordingly. Today her lawyer was absent from court hearing .The Court has given a verdict that 'Disopsed for Default' Nature of Disposal - Uncontested Disposed for Non Prosecution . However we are supposed to get the copy of the verdict later . But I want know in which ground the honorable magistrate has disposed the case ? Is it possible to dispose the case when the petitioner has failed one date in the court ? Please help me

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6 Replies

sm.calcutta (Advocate) 29 August 2019

if the petitioner himself does not appear, the court can dismiss the petition for default. (order ix c.p.c)

Real Soul.... (LEGAL) 29 August 2019

That is dismissal for non- appearance and can be restiored to its original number if the petitioner files application for restoration or even can file fresh petition that doe not effect the merits at all.

G.L.N. Prasad (Retired employee.) 29 August 2019

The dismissal order for nonappearance is not the ultimate/final order and can not affect the rights of the petitioner. It can be restored by filing another petition convincing the court for non-appearance..