Respected legal experts Please do guide me...in my appeal under section 29 in sessions court op lawyer was not coming to argue so judge gave last oppurtunity for argument...op lawyer came on that date but asked for one more date and promised to argue on next daye so matter was posted for argument for next date....on that date as well op lawyer didn't turn up and hon'ble judge heard my argument and posted the file for judgement...now a lawyer who is looking after my another case is telling me that op lawyer might come and argue in my absence and judge has discretion to hear his argument in my absence ..is this legally correct...in this appeal I am appearing in person...op lawyer is one of the best and biggest lawyers of city....
No legal issue is involved in the post for consideration and obligation.
But sir an elderly senior reputed lawyer of highcourt who is my counsel in highcourt told me it is legally incorrect...once last oppurtunity is exhausted and court has listened to arguments of one party than the defaulter can not seek and avail an oppurtunity to present his argument ...I posted this query for valuable inputs from legal experts before I present objections to this effect in the concerned sessions court as opposing counsel is a big lawyer
The discretion is always with the court. You can only suspect the intentions of the opposite party and attend the hearing and sit till further adjournment is announced.
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The facts posted suggest that the matter has been reserved for judgment. As such, the opposite side lawyer can further argue the case only with the leave of the court. For this he needs to file an IA duly supported by an affidavit. Before filing the IA copy needs to served upon you. Thus, the Court has the discretion in allowing the opposite side to argue, but this could only under due notice to you.
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