Reg. petitioner presence w.r.t civil defamation case and oth
NB
(Querist) 03 December 2009
This query is : Resolved
Sir/Madam,
This has ref. to civil defamation case at district Court I would like the advise/suggestions on mentioned below points.
1. Is it mendatory to petitioner to present himself in the court hearing or it burden of his advocate? as petitioner has not attended any hearing, nearly 18-20 hearings are over.
2. Which sequence should the court follow i.e first witness should be petitioner and other witnesses may follow or it does not matter, irrespective of petitioner himself absent during the hearings.
3. Ex-parte dimissal of the case as petitioner's advovate was not present, Now to restore the case, whether petitioner signature are required on restoration application? or only advocate singnature may serve the purpose to restore the application while submitting before the court.
4. Petitioner was absent for the last 3-4 hearing and even could not file the supporting affidavit of the witnessess as directed by the court. what remedies are available to the defandent in view of above circumstances?
Pl. advise accordingly
thanks for anticipation
regards
NNB
N RAMESH.
(Expert) 03 December 2009
Disobedience or breach of order of injunction granted by a Court is referred by you as civil contempt.
1. In case of civil contempt, petitioner is not required to be present but the respondent /contemnor has to appear in person till his appearance is dispensed with or contempt is purged.
2. Petitioner shall examine himself as witness. With the permission of the court he post his examination at subsequent stage.
3. Petition to restore the application is to accompanied wit the affidavit of the petitioner.
4. If the petitioner is not able to proceed with the case, you can ask either for exparte order or for closure of petitioner's side evidence.
Raj Kumar Makkad
(Expert) 03 December 2009
Nothing to add in the accurate reply of Ramesh.
joyce
(Expert) 03 December 2009
i join with above both experts in answering u, as i adopt the same.
NB
(Querist) 04 December 2009
thanks for the comments