Precaution to take for pending case before leaving india

Mehta (Querist) 11 June 2022 This query is : Resolved
My Revision Application before Divisional Joint Registrar, Co-op Societies, Mumbai is pending and I have to leave India in Mid of Aug. 2022, in this case what precaution I should take that if I am not available still judgement is given but it is not dismissed due to my absence. I am leaving India because I got Immigration Visa of USA and my visa validity is up to 2.9.2022 so before this date I have to leave India. Thanks

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If you have a pending case in India and need to travel abroad, it's crucial to take precautions to avoid dismissal due to your absence. You can appoint a lawyer or authorise a trusted person to attend court proceedings on your behalf. The Divisional Joint Registrar cannot compel your personal appearance, so consider issuing a power of attorney or vakalatnama to a local lawyer, especially if your current advocate is unresponsive.

KISHAN DUTT KALASKAR (Expert) 11 June 2022
Dear Sir,
If it is only civil in nature without any penalty clause then you need not take any precautions. It seems you are the Revision Petitioner and if you do not wish to proceed you may file a memo of withdrawal or otherwise praying for dismissal etc and accordingly it may be dismissed or otherwise dismissed as withdrawn.

kavksatyanarayana (Expert) 11 June 2022
You can give a vakalta to a lawyer to attend the court and to plead the arguments. Or you can give an authorization to your well-wisher who is able to attend the court on behalf of you.

Dr J C Vashista (Expert) 12 June 2022
Divisional Joint Registrar, Co-op Societies, Mumbai being a quasi judicial authority can not compel your personal appearance in any case.
Issue power of attorney / vakalatnama to a local prudent lawyer.

Mehta (Querist) 12 June 2022
Thanks for your expert advise, I am already having an advocate but is not co-operative and not replying to my messages.

Dr J C Vashista (Expert) 12 June 2022
In this circumstances it is better to change your lawyer.

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