ancestral property

Your presence is not necessary at the time of argument, because it is advoctes duty to argue, but why the advocates instruct their clients to be present in the court that  clients must know what the advocate argued and so in case of evidence while cross examination be present in the court so you can give some ideas to an advocate.

But it is not mandatory to be present in the court at the time of  evidence of the wittnesses. and couit will not favour the other party because of your absency.

The judgememnt will be passed on the facts and evidence but not on the presence of the parties.

Dear friend,

There is no need to appear before the  civil court unless your presence is required by the court for any specific purpose i.e. filing of original documents, which you are relying upon, admission/denial of these documents and thereafter issues will be framed by the court. The court would need your presence for leading your evidence, and then only your physical presence is required by the court, because the other party would be granted an opportunity for your cross-examination. When your evidence is over/closed, the other party would lead its evidence and thereafter matter would fix for final arguments and judgment thereupon.

But in your case you have done all these things in the subordinate court and now the opposite party has filed the appeal against the judgment passed in your favour. Therefore you are not required to physically present before the appellate court, as the appellate court has to appreciate all the documents, material on record and evidence given by both the parties and nothing else.

Frankly speaking your Lawyer is making you fool. Better you change your Lawyer.

Good Luck.

Dear Ranvir

This in reference to your second quarry, once the lower Court has passed a judgment/decree in your favour; it has nothing to do thereafter. Now the case is pending in the Appellate Court, therefore the appellate Court can upheld the judgment of lower Court in your favour or reverse the same, as per the document, material and evidence on record.

For your third quarry, I would say no judge is influenced by the presence of a party, it is only by the arguments and caliber of a Lawyer.

For your forth quarry, there is no specific time to decide an appeal, it depends Court to Court and on the work load of a Court. But appeal are not too much prolonged, if the Lawyer is quite active and come over the tactics, played by the other parties to delay the disposal the matter.

For your fifth quarry, if the appellate Court upheld the judgment of the lower Court in your favour, then the opposite party has right to file second appeal before the High Court. But the second appeal can be filed, if any question of law is involved therein, and  not on the facts of the case.

Dear Mr Rajeev,

 I am very thankful for clearing up my doubts and giving me your valuable advice.

Sincerely

Ranvir

Dear Mr Adesh Kumar Sharma,

                                                    I am very grateful to you for taking out time to answer all my queries and putting me on the right track.We need more people like you and Mr Rajeev in the Justice system to uphold its values.once again i thank all the members who r doing this wonderful work thru this website.

Yours Sincerely,

Ranvir