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Report No. 141

Chapter VII

Commission's Conclusions and Recommendations

First Recommendation

7.1. Recommendation regarding empowering the courts to restore applications dismissed for default in appearance.-

Having regard to the foregoing discussion, the Commission considers it eminently desirable that in order to promote the ends of justice, a provision should be incorporated in the Code of Criminal Procedure, 1973, as section 482A, enabling the restoration of a criminal revisional application, dismissed for default of appearance or some other default, where such default is due to sufficient cause. The new section may be on these lines:-

"482A. (1) Where an application invoking the revisional jurisdiction is dismissed for default of appearance of the applicant or his/her advocate or some other default, the court may, if it is satisfied that such person was prevented by sufficient cause from appearing, make an order setting aside the order of dismissal upon such terms as to costs or otherwise, as it thinks fit and shall appoint a day for proceeding with the application:

Provided that no such application for restoration shall be entertained after the expiry of a period of thirty days from the date on which the application was dismissed for default.

(2) No order shall be made under sub-section (1), unless notice of the application thereunder has been served on the opposite party."

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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