Exemption in personel appearance before the court
Prashant Kumar Jha
(Querist) 15 March 2011
This query is : Resolved
Resp Sir
I will be very Grateful if I will get the right path from our senior experts the case is as under
My client(husband) purchased a property on the name of his wife in 1990 in short khasera No A but he didn't got the posession of the said piece of land, in the registered deed 1 more piece khesra No-B of land was entered by the seller and the purchaser in the case if my client will not get the posession of the Piece of Khesra No-A , the seller will give the posession of Khesra No-B but willingly the seller didn't gave my client any posession either of Khesra-A or Khesra-B.
Thereafter after a long persuation process by the well wishers of both seller and purchaser, the seller totally refused to give posession of any land to my client, so my client moves to court for declaration for Posession of Kheshra B to my client,as the case is pending before the Hon'ble Sub Judge since 5 years, Now the respondents Adv argued that Petitioner's wife is not coming to the court as she is 70+ and suffering from various desiese she is unable to attend court and then the Hon'ble Subjudge declined the prayer of the petitioner that his wife is unable to attend the court, as my client has submitted the POA given by his wife and medical certificate of Govt DOCTORS and ordered to produce the lady on whose name the said land was purchased.
Sir
My 1st Querry:can my client move to Highcourt for the said exemption of personel appearance as she is sick and already given POA in favour of his husband.They are in Joint Hindu family from Bihar
2nd:- I need some Judgments of Highcourts/apex court regarding this Personel appearence Exemption.
Jebaraj Jasper Jacob
(Expert) 16 March 2011
As per the code of civil procedure any parties to the proceedings is entitled to appear through their recognised agents if they hold POA authorizing them to make appearances,applications and acts onbehalf of such parties.
Prashant Kumar Jha
(Querist) 16 March 2011
sir, thanks for ur valuable advice, but pls quote the section and rule of CPC,as the subjudge has ordered for appearing in court , whether he will except review petition or my client has to move to Hon'ble highcourt for relief, i also need some judgment regarding this, pls help
