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Exemption for personal appearance tendering

(Querist) 06 October 2015 This query is : Resolved 
I am going US for long time on job. My ex parte divorce evidences case is pending for 2-3 years since every time court says that it has no time for evidences tendering as lots of cases pending. Can I request the court for exemption from my personal appearance for evidences tendering in such case?
SAINATH DEVALLA (Expert) 07 October 2015
On your behalf your advocate may file permanant exemption application u/s 205 of crpc. On proper explanaton the exemption is granted as a matter of course.( also known as--- TAHUKMASANI HAJARI MAAFI) .But its court's discretion to allow/reject the same.
Dr. Shekhar (Querist) 07 October 2015
Sainath sir, Thanks for reply. The sec 205 crpc you mentioned does it also apply to my case which is actually of civil nature? Kindly clarify. Actually in my case the ex parte evidences order already passed but every time I go with evidences the court says that no time and gives next hearing. Now that since I have to overseas so I want exemption from physical appearance for evidences tendering.
SAINATH DEVALLA (Expert) 07 October 2015
205crpc is for criminal nature.UR advocate can file a memo in the court for temporary exemption for personal appearance,but it cannot be for permanent exemption.Valid reasons should be mentioned to please the court.
Dr. Shekhar (Querist) 07 October 2015
Sir, Thanks. So i understand that 205 will not apply in my case. But is there are sec under Civil PC where this exemption application can be made? Secondly, can the application also be made that apart from my physical appearance exemption, my advocate be authorised to tender evidences on my behalf?
SAINATH DEVALLA (Expert) 08 October 2015
No, don't think permanent exemption may be granted though case civil in nature. UR lawyer can submit documentary evidence in UR absence,but not physical.Though granted exemption from appearance U may be asked to appear in person as and when required in the conduct of the case.
K.S.Srinivas (Expert) 12 October 2015
Agreed with Sri Sainath Devalla.


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