LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

rajiv (self employed)     07 August 2024

Discrepancy in daily status, business:

When I checked the status of my civil case on the court's website, it shows that the plaintiff (me) was absent and had no representation. I asked my lawyer about this, and he claims he represented me but is unsure why the court recorded it that way. With all due respect to the learned seniors on this forum, is it possible for the court to make such errors in recording facts, like completely denying the presence of counsel on the day of the proceedings?

and if an error occurred, how to get this corrected in the court?

please advise 



Learning

 4 Replies

P. Venu (Advocate)     07 August 2024

In a civl case, plaintiff's presence is not mandatory if represented by an advocate. In the instant case, it appears that there has been a lapse on the part of the advocate. However, since there is no adverse consequnce, let bygones be bygones. Let us hope that now onwards, the advocate would be more professional.

1 Like

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

The court has recorded the absence of the plaintiff and not the counsel for the plaintiff.

If you were not present before court then how do you expect court to mark you as present before court on the date of hearing of your case.

There is no adverse effect because of your absence, hence don't strain to look for the reasons, it is routine and a factual statement, just ignore it and ask your advocate to be more cautious in future hearings.

1 Like

Dr. J C Vashista (Advocate )     08 August 2024

Show the order sheet to another local lawyer for better appreciation of facts and advise.

1 Like

P. Venu (Advocate)     08 August 2024

To my understanding, "the plaintiff (me) was absent and had no representation" records that that the plaintiff's counsel was absent. and, in his absence, he had not made any arrangement for representation. 

This amounts to professional lapse. The Court could have even dismissed the plaint in the situation.

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register