Advocate was not present during argument by opponent advocate
Guest
(Querist) 26 August 2014
This query is : Resolved
Hi,
In divorce case ( filed by my husband based on cruelity) two days 25, 26 set for arguments. On 25th nothing done as judge left the court. On 26th further date talk was happening as I am away to other city. In the court my advocate munshi ji was there and opponent advocate came and in 1 hour he completed his arguments. My advocate was not called by his munshiji, nor judge asked.
My 78 years old father was there in the court.
My advocate munshi noted the points. But I think is advocate knows the laws and its use better.
What Should I do? Why my advocate was not present in the court? Please advice.
Devajyoti Barman
(Expert) 26 August 2014
Ask your lawyer to seek another date to present your side of case.
Guest
(Querist) 26 August 2014
Opponent advocate presented his side of case when my advocate was not in the court rather my advocate munshi was present in the court and noting points.
Devajyoti Barman
(Expert) 26 August 2014
why have you repeated the query..you are already advised on it,
Rajendra K Goyal
(Expert) 26 August 2014
Your lawyer can still ague the case, munshi has noted the points.
Your lawyer should have been present during the arguments or he should have prayed for adjournment.
Guest
(Querist) 26 August 2014
Sir, thanks for your replies.
I don't understand why my advocate was not present and why judge allowed opponent advocate to speak his arguments (1 hour 30 minutes) in the absence of my advocate.
Is it normal procedure or something wrong? what should I do?
Judge has given other date for my advocate arguments.
Advocate. Arunagiri
(Expert) 31 August 2014
the court is having all such powers to fix different dates for hearing of the parties.
It is left to the other parties to be present during the hearing. The presence during the arguments of the other side counsel will help your counsel to give a reply.
Other wise, your counsel can present his arguments.
V R SHROFF
(Expert) 31 August 2014
For Argument; other party/ adv not compulsory.. COURT CAN HEAR ARG ... NOTHING ILLEGAL.
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