Ia and petitioner's absence
Mehak pillai
(Querist) 07 September 2012
This query is : Resolved
Dear Experts,
After filing an IA, can the petitioner remain absent for two court dates with valid reasons of absence? In this case, the reason of absence will be explained by the advocate from the petitioner's side. Please guide.
Regards
Mehak
BHARAT NARASGOUDA
(Expert) 07 September 2012
Yes, the court will normally grant time as you are the one who has filed the IA and if your lawyer seeks time the court will generally grant time, but if the opposite party is objecting seriously than the court may think of dismissing the I.A if you do not proceed with the I.A filed.
R.K Nanda
(Expert) 07 September 2012
No, IA will be dismissed by court.
venkatesh Rao
(Expert) 07 September 2012
Normally IA's do not require the presence of the party filing them unless it requires leading of evidence. Even if the party filing IA remain absent, the court may hear the counsel ad proceed further.
If the IA were to be dismissed on the sole reason of absence of the party filing it; it leads to multiplicity of proceedings like revision etc.
