Can I reopen my dismissed civil case in the High Court?

Advocate A M Iktear Uddin (anik) Answered: 05 Nov 2024

Since the Supreme Court dismissed your civil case in January 2023, your options for reopening it are limited. A dismissal due to lack of evidence typically does not allow for straightforward reopening in the High Court. However, if you have new evidence that could significantly impact the outcome, you may file a review petition in the Supreme Court, which has provisions for reconsidering cases based on new evidence. If approaching the High Court, you would need to file a fresh petition. The time limit for a review petition is usually within 30 days from the dismissal date. Consulting a legal professional is advisable.

Advocate Ayantika Mondal Answered: 04 Nov 2024

Start by reviewing the agreement for any cancellation clauses and refund terms. Document all communications and payments made. Send a formal cancellation letter to the builder, clearly stating your intention to cancel and requesting a refund, while citing relevant clauses. Follow up to ensure they received your request and inquire about the refund timeline. If the builder is uncooperative, emphasize your rights under RERA and negotiate if possible. If the issue remains unresolved, consider filing a complaint with MahaRERA, providing all necessary documentation. Seeking legal advice can be beneficial, and if direct negotiation fails, explore mediation as an alternative resolution. Finally, be prepared to take legal action if needed to enforce your rights.

Advocate By LEAD INDIA Answered: 04 Nov 2024

Sir, if Supreme Court dismissed the civil case due to lack of evidence and if later the evidence is concluded then that case can be re – open in High Court on the specific grounds. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number line.