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Rinku Aich   03 February 2021

Next Hearing date

My next hearing date is on 08/02/2020.....and today my lawyer became father ....out of station....and he is busy in taking care of mother and child...and he can't visit to Honourable Court for some time....and also told me not worry about the case...
I would like to know will I face any unlawful consequences .what should I do now.please suggest.


Learning

 4 Replies

Nandini Warrier   04 February 2021

Good evening,

Well wishes to your lawyer. Your situation is unfortunate, but you can always request Continuance. 

This means that you can approach the court yourself and state the issue and the absence of your lawyer, and ask for a postponed date of court hearing. Such a postponement is known as "Continuance". The Continuance of Legal Proceedings Act 1948 allows postponem of certain legal proceedings, by or against the Secretary of State. Your lawyer can also request for such postponement on your behalf. 

It is to be noted that such decisions regarding postponement and continuance is totally under the discretion of the court. Meaning that if the court finds the reason valid enough, then it will make way for such a continuance. If not, then you will have to appear before the court on the firstly prescribed date. 

If the court does agree to the continuance, it will postpone the hearing to a date after 30 days of the firstly prescribed date. 

Hope this helps!

Regards

Nandini.

1 Like

Dr J C Vashista (Advocate)     04 February 2021

If you want to continue your lawyer, appear personally and appraise the Court qua non-availability of your counsel.

Otherwise, engange another local prudent lawyer and proceed.

No legal issue / dispute is involved in the post for consideration and obligation of experts on this platform.

G.L.N. Prasad (Retired employee.)     04 February 2021

Contact your advocate and either his junior, clerk or another colleague may seek further adjournment explaining the absence of an advocate.  Do not worry that the courts settle the matters immediately, they will be too pleased to adjourn at a future date and your advocate can suggest a proposed date for the next adjournment.  

 

P. Venu (Advocate)     04 February 2021

When advocate says that he will take care, it could be taken as a professional assurance. It is is quite pften the case that advocates are unable to present in court for one reason or other and such situations are always managed by another advocate representing him/her.


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