Response

“A case can be revived after it has been dismissed, but the individual must convince the court that there is a justifiable explanation for the person’s non-appearance.” The matter can be reopened under Order 9 Rule 9 of the Civil Procedure Code 1908, but the person must provide sufficient grounds to the court.

You can urge the court to keep your case open if it was placed on the dismissal docket (but not yet dismissed) by submitting a Motion to Retain Case on Docket and Notice of Hearing. Retaining or reinstating your case may allow you to keep any statutes of limitations (legal deadlines) that may apply to your case, as well as any orders (such as interim orders) that have previously been made in your case.

When your case is dismissed (and not reopened), it is permanently closed. You must re-file your lawsuit, pay the filing fee, and serve the opposing party once more. In most cases, if the court is satisfied with all justifiable reasons for non-appearance, the case will be reopened.

However, if the court determines that there are insufficient reasons to reopen the case, the court will not do so, and the case will be dismissed.

Reference: Order 9 Rule 9 of Civil procedure Code 1908
Case ref.
1.Dr. P. Nalla Thampy Thera vs B.L. Shanker & Others on 28 October, 1983
2.Kandapazha Nadar & Ors vs Chitraganiammal & Ors on 16 April, 2007
3.State Of U.P. & Anr vs Jagdish Saran Agrawal & Ors on 25 November, 2008 – – AHG150 – 202100581 – 74 – 70 – 202100348-20210043-6374

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