Verification unsigned by one of the opponent
Suhail SHahbazker
(Querist) 14 July 2013
This query is : Resolved
1. That on 16th August 2011, the Dispute No of 2011 was admitted by this Hon’ble Court
2. That on 18th February 2012, the Opponents filed the reply to the Dispute 2011, Applicant refers to Verification dated ___ day of January 2011, signed on behalf of Opponents No. 1, 3, 4 to 8, which goes to show that the name of Opponent No. 2 is excluded from the Verification signed on behalf of Opponents. Hereto annexed and marked EXHIBIT “1” copy of the Verification dated this ____ day of January 2011.
In this regards the Applicant refers to Sr. No. 3 on Page No. 4 in the reply of the said Dispute states that the above contentions are replied only to the allegations made on behalf of Opponents No. 1, 3, 4 to 8 and in line [5] in the same Para states that “the paragraphs related to Opponent No. 2 to be replied by the respective and hence no reply/explanation are given in that reference, which goes to show that the Advocate of Opponent No. 1, 3, 4 to 8 has excused from representing Opponent No. 2 and the reply of Opponent No. 2 to the aforesaid Dispute is pending before this Hon’ble Court.
My Query is
1. After lapse of 15 months i.e. on 10th June 2013 Can the Advocate on behalf of Opponent No. 2 without affirmation on Verification by Opponent No. 2 file an Application for Exemption from the Court proceedings on medical ground without any documentary evidence
2. The Advocate need to file Vakalatnama for filing exemption Application or on the 1st occassion if he has filed vakalatnam will do but in all the time the Opponent No. 2 has not signed the Verification, IS the Application a Vlsaid or invalid how can I pursue the COurt
ajay sethi
(Expert) 15 July 2013
applications for exemption from personal appearance are granted for the day . you can oppose the application on ground that no medical certificate is enclosed but courts generally grant exemption if accused is not well and on medical grounds . the advocate can give an undertaking that he will fie vakalatnama on the next date
Suhail SHahbazker
(Querist) 15 July 2013
Sir,
Thanks a lot for your prompt response In this regard Sir, Can I request the Court to pass ex party order AGAINST OPPONENT NO.2 for non replying and non appearance for 18 months
