presence required while framing issues
Knowledge Gainer
(Querist) 29 January 2011
This query is : Resolved
I am facing divorce case u/s 13 1 (ia) under the HMA,1955 and I am respondent in the said case and defending myself without advocate.
On 29/01/2011 issues have to be framed. I was present in the court at 11:00 on same date and clerk said that case will be heard after 2:30, so again I reached 2:30 and waiting for my turn. After 45 min. when I asked clerk about status of case she said Petitioner has already taken adjournment.
So while framing issues presence of either or both parties is required?
Also when date is given I was not present, but earlier when I have requested for adjournment in past, I have been told to come after 2:30 when opposite party advocate is present. Can I protest for giving date in my absence when I was instructed to come again in past?
adv. rajeev ( rajoo )
(Expert) 29 January 2011
In the MC cases there wont be any framing of issues and your presence is not necessary.
After adjourning the case now you cannot protest.
Devajyoti Barman
(Expert) 30 January 2011
Every suit of civil nature specially which are governed by CPC mandatorily requires framing of issue. However physical presence of parties is not required while doing so. For petty matters the court may not wait for both the parties while granting adjhournment. To protest any usual adjournments you may submit on the next date and may ask for your voice heard as well if the court wishes to adjourn the case in future.
Kamal Prasoon Sinha
(Expert) 31 January 2011
I endorse the views of Mr. Parth.
Framing of issues is mandatory in any case.
Dear Mr Rajeev,
Being registered as an expert plz do not give wrong advise.
Regards,
Kamal
