Non appearance of defendant
RAMJI
(Querist) 24 June 2014
This query is : Resolved
Dear experts...
This is a civil suit against 4 defendants. One of defendant filed a I.A which is pending for disposal. Petitioners evidence/arguments over, respondent argument was scheduled in March 14 and was 3 times adjourned by court as the judge was on medical leave....now court resumed...at this point of time...in order to delay the procee..further, the Petitioner has purposely left outside country ( say UK) since May 2014 as verbally heard..
Whereas the court is insisting that Petitioner be present even during the arguments of Respondent though its not mandatory for its own reasons....last hrng, respondent pressed for quick disposal as he is ready for argument...even then Judge directed Resp to argue in next hrng and ordered for appearance of Petitioner too.
now queries are as below:
1. is it mandatory that Parties to a civil case are to keep informed of the Court while leaving the Country officially in the form of MEMO?
2. Can the party(ies) authorise his Father /son /daughter to Act on his behalf during the said foreign visit? in addition to his/her advocate..
3.In the given case, Petitioners counsel has been asking verbally for long dates (say 3months) for his client to return from UK...Resp objected for long dates as it is already delayed and its a matter of his argument...CAN THE COURT ALLOW SUCH LONG DATE IF THE PETITIONERS COUNSEL SUBMITS MEMO WITH REASONS FOR ADJOURNMENT?
4.Suppose, if Petitioner doesnt appear in next hrng also.... will the court impose penalty on him?
5. In case of MEMO also, will there be proceedings /counter/arguments just like how an I.A is taken up by court?
Your expert advise is welcome
Thanks Regards
Ramji
Devajyoti Barman
(Expert) 25 June 2014
1. No
2.Yes
3.court can disallow such long dates.
4. not likely.
5.No
RAMJI
(Querist) 25 June 2014
Dear Mr Devajyoti barman sir
Thanks for quickest reply specific to the point(s)...
regards
ramji
Rajendra K Goyal
(Expert) 25 June 2014
Agree with the expert Devajyoti Barman ji.
ajay sethi
(Expert) 25 June 2014
agree with Mr barman
R.K Nanda
(Expert) 25 June 2014
no more to add.
Biswanath Roy
(Expert) 25 June 2014
The court has some inherent power for allowing or disallowing adjournment for a long time. Secondly I experienced long adjournment of hearing in a case where cogent reason was shown.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
I too agree with expert Mr. Barman's views on the subject query. To add, since the respondent closed his evidence in the IA, it is the respondent who has to make his arguments before the court. The court need not ask the respondent to postpone the argument just because the petitioner is not available, but as a courtesy sake, the court may request the respondent to postpone the argument to the next hearing so that he can make his arguments in the presence of petitioner. In case the petitioner is absent in that hearing too, the court may ask the counsel to be present during the respondent's arguments and in the event of absence of the counsel too, the court may hear the respondent's arguments in their absence.
RAMJI
(Querist) 27 June 2014
Dear experts..while thanking all those answered my query, my sincere thanks to Mr T kalaiselvan Advocate for having given me a detailed clear answer, this is more helpful and enabling to choose the one in accordance with what the Opposite side is going to take in next hrng..
My overall thanks to Forum as well for having a team practically experienced professionals...
Regards
Ramji
Dr J C Vashista
(Expert) 28 June 2014
I fuly agree with the expert Mr. Devajyoti Barman.
