Exemption from appearing
Dr. Shekhar
(Querist) 03 October 2015
This query is : Resolved
My ex parte evidences case is pending for more than 1 year now and at every date court says that no time.
I am a foreign citizen and needs to go overseas for indefinite period.
Under CPC or any other law can i file application for exemption until of my return from overseas for indefinite period so that the case is not dismissed for my not appearing.?
Guest
(Expert) 03 October 2015
First Request Your Advocate to Submit a Letter to the Concerned Court Registrar Requesting the Case to be Completed on Priority with Your Valid reasons.
Dr. Shekhar
(Querist) 03 October 2015
Thanks. Any order/ rule under which such application is permissible?
Guest
(Expert) 03 October 2015
Discuss with your Advocate and Submit A simple Letter with all Explanations to the Concerned Court's Registrar.During submission of the Letter you could accompany your advocate to Registrar Office and Humbly Plead him and he would do the Needful.
Rajendra K Goyal
(Expert) 04 October 2015
Discuss with your lawyer and proceed as per his advise.
Dr. Shekhar
(Querist) 04 October 2015
As advised by you already discussed with lawyers, one said so such system exists and another said there is a system of exemption. So confused. Actually my worry is if I go overseas for long and on date if no one appears the Court may dismiss the case as already it's an ex parte.
Guest
(Expert) 04 October 2015
Request Your Advocate to Implement as Advised.
K.S.Srinivas
(Expert) 04 October 2015
I agree with the expert N.J.S.Rajkumar alias narasimha.
T. Kalaiselvan, Advocate
(Expert) 10 October 2015
Did the court set the opponent/defendant exparte and an order passed to that effect?, if so how long has this been kept pending to recording exparte evidence of the plaintiff?, if the delay is inordinate, an evidence prepared and the affidavit duly sworn and affirmed before another advocate may be made ready along with with a SPA deed authorising an agent to file this evidence on your behalf who may file all these along with a petition under order III Rule 2 seeking permission to appear represent on your behalf for the reasons of your inability expressed therein, no doubt whether such an arrangement may be accepted by the court or not but this step may atleast make sure that the court gives you another date/chance to depose evidence if it rejects the evidence through you agent, in any case the court may not dismiss the case for default since the same has been properly represented on your behalf even during your absence in the country, consult your advocate on this line and decide next course.
Dr. Shekhar
(Querist) 10 October 2015
Dear Mr Kalaiselvan, Many many thanks.
Sir, actually i was getting date after date and long dates and with court saying that no time, lots of cases. I had become very frustrated. Because my wife got petition and summon in May 2014 and as per 21B HMA the court should endevour to finish within 6 months. Even the ex parte evidences order was passed in Oct 2014.
But by God's grace yesterday the ex parte evidencing was done after my long pleading that I am foreign citizen and need to go. They again wanted to avoid. But done. Thanks GOD and you too for your guidance and help. GOD BELSS YOU!
Sir ! now my worry is that I am to leave soon country and I got next date in Dec. Supposing my advocate is not able to appear or something happens then can the court dismiss the case? And what;s the remedy in such situation? Why my this worry, because this time also my advocate because of his other dates in other courts could not come for long so much so that I had to give vakalatnama to some other advocate sitting in the court.
