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Adjournment for arguments on IA

Querist : Anonymous (Querist) 14 January 2011 This query is : Resolved 
Ld counsels,

I have filed an IA before family court and the respondent has also filed counter.

Further written arguments are also filed by me but respondent took time for filing written arguments.

I need to travel out of city and will not be ableto atend the court. I want to be present before the family court for arguments. Will there be any hitch in getting time / adjournment. The respondent wanted to file written arguments during the previous date. Will the court proceed in the IA without my presence sicne written arguments were already filed from my side. Basically I need time due to personal inconviniences.

Pls clarify.
Amit Minocha (Expert) 14 January 2011
Preferably request some proxy counsel to appear in the Court on your behalf if you cannot appear on date. Whether Court may / may not hear depends from Court to court. Normally Courts also hear the verbal arguments despite taking written arguments as well and if any of the parties is not there and since you have not got copy of arguments of other party as yet, it is quite possible that a short date may granted. Again I say it depends from Court to Court.
R.venkatesh Naidu (Expert) 21 January 2011
i agreed Mr. Amit minocha's statement. If the judge is not give the time for your chance, you don't worrry. you may also contact any of advocate and file a petition under cpc order 17 rule 1 and 2, for got adjournment through him in that court.


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