STRONG MAN (mr) 06 July 2014

Appeal in dvc

Dear Experts

i have appealed judgement in my DVC case in sessions and district court.Now my question is there are R1 to R6 in the case now the opposite party is not attending the proceeding but the judge is pressurising R2 to R6 to present in the appeal my question is, is there any need for R2 to R6 to be present at the court as judgement has come in trail court and we have appealed it in higher court.look forward for urgency of your reply as next date is with in two days if any reference or judgements on relief for other respondents to appear before sessions and district court in DVC CASES PLZ forward the links.your help is highly appreaciable.

Thanking you

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 06 July 2014

You may have to go by the court order failing which you may face the court's negative impression, why do you want to run a risk?

STRONG MAN (mr) 06 July 2014

thank you sir at the same time i would like to ask you whether there is any rule that other respondants irrespective of R1 has to be present in the sessions court becoz it is not an trail court

T. Kalaiselvan, Advocate (Advocate) 07 July 2014

Generally in an appeal before the Sessions court, the presiding judicial officer/sessions judge may not be insisting on the appearance of all respondents/appellants, but it depends.

Advocate Ravinder (Advocate/Attorney) 07 July 2014

In appellate court, there is no necessity that the parties to be present. It is enough if the Advocate is present. The appeal will be mainly discussed on question of law and not on question of fact.