Civil case : honorable allahabad high court
Adv Prashant
(Querist) 18 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
perts/modify_message.asp?entry_id=985432
Biswanath Roy
(Expert) 22 June 2015
In the second paragraph of the subject query you categorically averred that
" KLB obtained decree against the Respondent."
If such a decree was made then KLB has to file " Execution proceedings ' after 30 days i., Appeal period. In this scenario how High Court can serve notice for appearance? This is confusing , hence disclose the exact fact and the contents of the Notice to enable me to opine you further.
