An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Application For Dismissal For Want Of Prosecution
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State:
Multi-State
Control #:
US-02470BG
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Word;
PDF;
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Description
How to fill out Order Setting Aside Dismissal For Want Of Prosecution?
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FAQ
Dismissal For Want of Prosecution primarily occurs when the complainant and/or the advocate for the complainant fails to remain present on the date of hearing when the matter is called out for hearing proceedings before the Hon'ble Magistrate. Dismissal brings the complaint proceedings to an end.
Dismissed in default popularily known as DID means when the disputant and or applicant is not contesting the case filed by him then the court can proceed with DID order after giving sufficient opportunity of being heard to parties.
Dismissal of Suits A civil suit can be dismissed under Rule 2 of Order 9 by the court if the plaintiff fails to take the appropriate steps to cause the service of the summons upon the defendant.
When the court feels that there has been a lack of progress in the case, they may issue a dismissal for want of prosecution. This essentially means that the plaintiff (the person who initiated the suit) has done nothing to move the case forward in a timely manner.
Once the suit gets dismissed for default the remedy plaintiff has is to file a restoration application of the suit for setting aside dismissal under Order 9 Rule 9, showing sufficient cause for his previous non-appearance when the suit was called on for hearing.
