Civil case : honourable allahabad high court
PRASHANT
(Querist) 07 June 2015
This query is : Resolved
Respected all experts,
I am also an advocate practicing in Criminal and taxation matters.
Crust of my problem is that a partnership firm K.L.B. consist of my father and my late grandfather filed a civil suit in near about 1965 for recovery of sum amount due from respondent. Thereafter K.L.B. obtained decree against respondent.
Now there was a notice from honorable High court of Allahabad regarding death of lawyer of K.L.B. and in that notice there was instruction to appear, on next date , through another advocate or appear in person to carry on the proceedings of the case.
I want to know if K.L.B. don’t want to contest or not appoint another advocate then:
1.What will be outcome of the case on next date fixed for appearance in the case, if K.L.B. is not present either through its new advocate or through their one only surviving partner:
2.Whether suit will ex-party against K.L.B.
3.Whether there will be any other disadvantage to K.L.B.
4.Whther respondent will be able to got decree against K.L.B.
Please , its my humble request to all experts here to give me right advise so that I can be able to reach right decision.
Advocate Parshant Kumar Agarwal
MAMTA
(Expert) 07 June 2015
IF SUIT IS FILED BY K.L.B AND NO ONE WILL REMAIN PRESENT IN THAT CASE ONE DATE WILL BE GIVEN OR IT WILL BE DIMISS FOR WANT OF PROSECUTION.
Advocate Bhartesh goyal
(Expert) 07 June 2015
In case KLB doesn't appear through counsel or in person then High Court may heared appellant's argument and decide the appeal on merits.
Rajendra K Goyal
(Expert) 08 June 2015
Agree with the expert Advocate Bhartesh goyal.
Dr J C Vashista
(Expert) 10 June 2015
I agree with expert advise of Mr. Bhartesh Goyal. The High Court will decide the appeal on the basis of documents/records available and arguments of the parties present and submissions made by them.
Biswanath Roy
(Expert) 17 June 2015
Disclose the content of the subject notice for lawful asvice.
