IQBAL (PRIVATE JOB) 22 March 2026

Attendance exemption (hazri maafi)-civil matter

Can a party-in-person who is also an NRI, living and working outside India, and unable to appear on the hearing date 08.04.2026, submit an application for attendance exemption in a civil court? This defendent has already submitted the Written Statement in January 2026, which is duly recorded in the case file, in a civil suit concerning ancestral property partition.

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Quick Summary

An NRI defendant in an Indian civil case concerning ancestral property partition, who has already filed their Written Statement, can apply for attendance exemption (hazri maafi) if unable to appear on the hearing date. While not mandatory for parties to attend every hearing, engaging a local advocate via vakalatnama is a common and advisable solution. Alternatively, appearing via video conference or granting power of attorney to a trusted local individual are also viable options if court facilities permit.

3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 March 2026

You can engage an advocate and give a vakalat to him to attend on your behalf and follow his advice.

T. Kalaiselvan, Advocate (Advocate) 22 March 2026

It is not essential in civil cases that the parties should appear before the concerned court on each and every hearing without fail.

More over you have already filed the written statement hence court may not pass any adverse orders even if you are absent during the next date of hearing.

Dr. J C Vashista (Advocate ) 23 March 2026

The plaintiff can appear through video conference, if the facility is existing / extended in the adjudicating Court

The plaintiff may issue/grant power of attorney to some reliable person/ relative residing in the area to attend proceeding of the case.

However, it is neither compulsory nor mandatory for parties to the suit (civil case) to appear on each and every date before adjudicating court. Appearance / attendence of respective advocate(s) is sufficient till specifically directed by the court or attend as witness.