Civil rights of absconder

Querist : Anonymous (Querist) 08 July 2018 This query is : Resolved
Assalam o alaikum learned members of the club,
I have a problem to be resolved. A person was a party to a civil suit. he was being represented through a special attorney. during the pendency of the suit, he absconded in a criminal case. the opposite party in the civil suit filed an application that since he had absconded, therefore, he could not pursue his civil suit. the objection was overruled by the trial court. now a civil revision petition under section 115 of the CPC is filed to seek reversal of the order of the trial court. guidance is sought can the attorney constituted before the person absconded, would be valid, what would be the fate of his civil rights etc?

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Dr J C Vashista (Expert) 09 July 2018
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Querist : Anonymous (Querist) 09 July 2018
Sorry sir Dr JC Vashista, I am Kalim Arshad Khan, Additional District & Sessions Judge, Peshawar, Khyber Pakhtunkhwa, Pakistan.
kalimarshadkhan@yahoo.com

Adv. Yogen Kakade (Expert) 09 July 2018
Before giving any appropriate answer, the facts of the case of the civil suit need to be seen.
But as per the information provided by you, I am of the opinion that, even though the accused is declared as absconded in the criminal proceedings, his constitutional and civil rights remain the same.

Adv. Yogen Kakade
Jurycon Incorporation
Email: juryconincorporation@gmail.com