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petition is dismissed for nonprosecution
Question
I have filed a writ C petition, at High court, against union of India for compensation of building taken over by railways. The case was listed 7 times on different dates but case was not taken by the bench. On 8th listing date my advocate couldn’t attend the court at the time of call by the court.
The court ordered & dismissed the case as below.
“List has been revised. None appears for the petitioner to
press the petition.
In view of the above, the petition is dismissed for nonprosecution.”
My advocate has repeatedly putting application for restoration, 5 times restoration application has listed, but it is not taken up by the court, what to do next.
Can we file new writ petition. As we have already lost one year.
Answer ( 1 )
Since your petition has been dismissed for want of prosecution, a fresh petition cannot be filed unless liberty was given by the court while dismissing the writ for want of prosecution. since the same has not been given, the writ can only be restored by the court. Advisable is to file early hearing of the restoration application.