exemption for appearance in front of the court

Querist : Anonymous (Querist) 11 November 2010 This query is : Resolved
In civil plaint there are 5 defendents and 2 defendants are in austriliya and they are not able to appear (there may be any personal reason) before the court though they get summons.

Query- Can advocate of defendents ask for exemption that remaing 3 will be present.

-whether court will given order of exparte against them

-what should advocate defend thoses defendents?

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BHANU RASPUTRA (Expert) 11 November 2010
in civil case no peronal appearance is required , if advocate is appointed.

if it is at stage of final hearing and for cross examination , called by court , then required to be attednded teh court.

however , commission to be appointed for cross exanining u from one court to another court in another country . your advocate should apply for the same.

Khaleel Ahmed Mohammed (Expert) 11 November 2010
Need not necessary to appear in person. GPA may be given by those who resides out of India.

aman kumar (Expert) 11 November 2010
k h is right !

Parveen Kr. Aggarwal (Expert) 11 November 2010
In civil proceedings, it is not at all necessary for all the defendants to appear before the court in person unless specifically directed by the Court. The defendant(s) may appear in the court through their authorised agents or advocate(s). Therefore, there is no need of seeking exemption from personal appearance of the defendant(s).

Devajyoti Barman (Expert) 11 November 2010
The person in abroad can engage a lawyer to represent them in court though at the time of evidence they will have to be physically present to depose before the court of law.

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