Civil Procedure Code (CPC)

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Nikhil Samant   09 December 2015

Can i extend date ?

Sir, my wife has filed rcr case 2 months back. Around 4 weeks ago I appered before court & today being respondent I replied on her petition. Also today I got 1st date which is on 19th Jan 2016.

Here my question is can I extend this date as I am not available on that date on account of my job related urgent audit work. My lawyer is saying it is not advisable to extend this date as she has applied for interim maintenance u/s 24 & the same is going to discuss on that date.
 
Will court move exparte if don't apper on that date ?

Plz. help me.


 4 Replies

Shashank   09 December 2015

If its not possible for you to be present in person, instruct your counsel to seek court's exemption from appearance, also, your counsel will be representing you, so he can tell the court whatever you want say to the court. Also, if any important desition is to be taken, your counsel can always seek a brief adjournment during the hearing, call you up, discuss the plan of action and then inform the court as to what your stand is. Good Luck Sir!

SAINATH DEVALLA (LEGAL CONSULTANT)     10 December 2015

UR lawyer can represent U in the first motion,the court will permit.Mke URself available for the next motion.

T. Kalaiselvan, Advocate (Advocate)     19 December 2015

Your lawyer should be able to get another date (extension) on 19th jan explaining the circumstances to the court.  If he is insisting on your presence, you may change your lawyer as he seems not to be cooperative with you. 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     16 January 2016

Try to add value to the discussion, with your each post.


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