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Nri -fight land case in india - how it works

sir, am an NRI ..have some land dispute case going on in tamilnadu for the last 5 yrs ..never once i was caled. the lawyer always asks me to give a date for the court ..that i can be present myself for this case.but i usually visit india only in december and january,around year end. is this true that i need to be physically present in court for this case..why cant the lawyer represent me that is what he is getting paid for. my mother ,who is old,in india cannot go either. when i press him to get me a date around december/january.he says it cannot be possible to get a date as i like ..what does this whole thing mean.and how to defend myself here..

all i know of ..we get a date or postpone it for future date and get our documents ready for that date in civil cases involving land dispute..or am i missing anything here..

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2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 24 March 2015

Dates in the courts are not given according to our convenience. Just because U come in December U cannot expect the adjournments to be posted to Dec. The petitioner/complainant have to attend court as and when required, just because U have engaged a lawyer it will not suffice.

Hardeep (Business) 19 April 2015

While it is true that Courts proceed per their convenience, they do adjust to the positions of the lawyer / parties too. Many times, dates are postponed simply because the lawyer says he is traveling or has another matter on the same date. So, I am not sure why the Court cannot give dates considering your situation - particularly if the situation has been dragging for five years now.

Further, if the Court wants your presence and you are absent then no doubt it is adversely affecting you.

Why does the lawyer firstly asks you to give a date and then says it is not possible ?

Suggest you get the copies of orders issued till date from your lawyer as well as averments made by him / Opposite parties till date so you are better informed and can decide accordingly.